Prosecution Details

Being a person who had control of a workplace where person who were not its employees worked, failed to take such measures as were practicable to ensure that the workplace was such that persons who were at the workplace were not exposed to hazards.

The defendant was constructing a residential home in Mount Pleasant. When inspected on 9 February 1999 it was found that a steel fixer, who was not an employee of the defendant was working on the first floor slab. The defendant had not provided edge protection to the first floor slab.

The steel fixer was exposed to the hazard of falling from a height where there was inadequate edge protection. The fall height from the first floor slab was approximately 2.3 metres.

The defendant made a plea in mitigation in that they now required all of its site supervisors and sub-contractors to attend safety courses.

His Worship Malone SM said that in his view the matter was serious for two reasons. First the risk of a fall from 2.3 metres was a live possibility. Second, the defendant was involved in the construction of residential homes and was a very large builder. His Worship said that the requirement for scaffolding was well known, and it was of concern that this offence had occurred as easily as it had, therefore imposing a fine which represented a deterrent.

The defendant pleaded guilty. The penalty was imposed under section 22(4).

convicted