skip navigation

Prosecution Details

Defendant Adam Kenneth Maskiell
Trading Name Not Applicable
Regulation 6.3(1)
Offence Date Tuesday, 3 December 1996
Description of Breach(es)

Performed prescribed work, namely scaffolding where a person or object could fall more than four meters from the scaffolding, when he did not hold a certificate of competency that he was required by the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment [NOHSC: 1006 (1995)] to hold to perform that work.

Background Details

Persons were observed erecting an aluminium mobile scaffold located on the northern elevation of a block of units in Hay Street, West Perth.

Four lifts of scaffold had been installed, however, the scaffold was not structurally sound in the lower lifts. One person was observed working on the top lift platform when only half the platform had been installed. It was approximately 7 metres about ground level. A second person was observed working on a lower platform also with only half the platform for that level installed. This platform was approximately 4 metres above ground level.

It was assessed by an inspector that the scaffold was not being erected in a safe manner and that the two persons working at height were not working with regard to their own safety and exposing themselves to the risk of falling. The first lift was not safely founded in that there were no sole plates under the casters and that the casters were bearing on sand and lawn. It was also alleged that the first lift lacked structural integrity in that it was not fitted with ledgers on both sides of the bottom bay and a diagonal brace was not fitted to the inside panel.

Departmental records confirmed that the persons erecting the scaffold did not hold relevant certificates of competency to erect the scaffold.

The defendant pleaded guilty.

Lead Image
Outcome Summary convicted
Conviction Date 20 Oct 1999
Court Perth Court of Petty Sessions
Fine $500
Costs $100
Charge Number 18578/99