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Prosecution Details

Defendant Building Corporation WA Pty Ltd
Trading Name Buildwise Designs Builder Direct
Section 22(1)(a) and 22(4)
Regulation Not Applicable
Offence Date Wednesday, 6 January 1999
Description of Breach(es)

Being a person who had control of a workplace where persons 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.

Background Details

The defendant was constructing a two storey residential home in Canning Vale. When inspected on 6 January 1999 it was found that a floor tiler and carpenter were working on the first floor slab of the dwelling. Neither tradesperson was an employee of the defendant.

The defendant had not provided edge protection to the internal stairs leading to the first floor slab or the first floor slab itself. Both tradespersons were exposed to the hazard of falls from height due to a lack of edge protection. The fall height from the first floor slab was approximately 2.65 metres.

In mitigation the defendants representative submitted that this was their first offence and that the company had procedures in place to ensure its workplaces were safe. On this occasion a sub-contractor had removed edge protection that had been provided. The edge protection had been re-instated after the inspection. His Worship, Mr Roberts SM, indicated that whilst he agreed that the offence was at the lower end of the scale, the obligations placed on employers by the Act were onerous.

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

Lead Image
Outcome Summary


Conviction Date 18 Nov 1999
Court Perth Court of Petty Sessions
Fine $2,000
Costs $447
Charge Number 27106/99