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Prosecution Details

Defendant Delstrat Pty Ltd
Trading Name Seacrest Homes
Regulation 3.54(1)(b)
Offence Date Monday, 19 July 1999
Description of Breach(es)

Being the main contractor at a workplace, failed to ensure that openings in a concrete floor of a building at the workplace with dimensions of more than 200mm x 200mm but less than 2 metres x 2 metres which were not lift wells, stairwells or vehicle inspection pits, had wire mesh which met the requirements of regulation 3.54(2) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984 and were covered with a material that was strong enough to prevent persons or things entering or falling through

Background Details

The defendant was a construction company building a residential home in Sorrento. An inspector of WorkSafe Western Australia while inspecting the worksite observed nine openings or voids in the first floor slab that did not have mesh and were not covered as required by the regulations.

The dimensions of the voids ranged from 360mm x 320mm up to 220mm x 1200mm. The fall hazard to which persons at the workplace were exposed was 3.05m. The fall hazard was significant and that hazard was present for several days.

The defendant had previously been issued with three improvement notices concerning this breach.

The defendant pleaded guilty.

Lead Image
Outcome Summary convicted
Conviction Date 19 Nov 1999
Court Perth Court of Petty Sessions
Fine $3,000
Costs $284.50
Charge Number 41556/99