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Prosecution Details

Defendant Michael Ahern
Trading Name Not Applicable
Regulation 5.50(a) [1] and 3.120(1) [2]
Offence Date Between 16 to 20 January 1998
Description of Breach(es)

[1] Being a self-employed person at a workplace, failed to ensure that work involving the use of asbestos cement building materials at the workplace was done in accordance with Section 9 of the Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1988)].

[2] Between 16th day of January 1998 and the 20th day of January 1998, being a self-employed person at a workplace where demolition work other than specified demolition work was being done, failed to ensure that the work was done in accordance with AS 2601 in that he failed to ensure that security fencing was provided around the perimeter of the demolition site and failed to ensure that while on site, every worker and every visitor wore a safety helmet and failed to ensure that the techniques adopted for demolition minimised the release of dust into the atmosphere.

Background Details

The defendant was contracted to demolition a single storey brick and tile residence, which contained asbestos cement sheeting. A witness stated that the defendant was using an excavator to break up the asbestos cement sheeting and was also concerned about the dust not being suppressed during the demolition process.

At the site, the WorkSafe WA inspector observed rubble piled into heaps which contained broken fragments of asbestos cement sheeting. Another pile or rubble as shown in the photograph, appeared to have been the remains of an asbestos clad outbuilding that had been smashed into small pieces.

Chemical analysis of the rubble confirmed the presence of chrysotile and crocidolite asbestos.

The defendant pleaded guilty.

Lead Image
Outcome Summary convicted
Conviction Date 21 Apr 1999
Court Perth Court of Petty Sessions
Fine $3000 [1] and $2000 [2]
Costs $165 [1] & [2]
Charge Number 18588/99 [1] and 18589/99 [2]