Prosecution Details

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.

The defendant was constructing units in Scarborough. On 19 January 1999, five persons who were not employees of the defendant, were working at the site. The employees were exposed to the hazard of falls from height due to absence of handrails on scaffolding, lack of edge protection to the first floor balcony, the absence of a handrail to the internal stairs and the lack of edge protection around the stair-landing portion of the first floor slab.

Defense counsel indicated that workers had been instructed not to work in the area where scaffolding was not in place and this instruction was disobeyed. It was submitted that workers were only exposed to the fall hazard for about 1+ hours and that the situation was rectified shortly after the WorkSafe inspector arrived on site.

His Worship, Mr Moore SM, noted that some workers may not obey instructions and that it was not enough merely to issue an instruction. However, His Worship took into account the matters referred to by defence counsel, and noted that in his view, the matter was at the lower end of the spectrum in term of seriousness.

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

convicted