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Prosecution Details

Defendant Honest Holdings Pty Ltd
Trading Name Atrium Homes
Section 22(1)(a) AND 22(4)
Regulation Not Applicable
Offence Date Wednesday, 4 November 1998
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 a person who was at the workplace was not exposed to hazards.

Background Details

The defendant was constructing a two storey residential home in Mount Pleasant. When inspected on 4 November 1998, it was found that a formwork carpenter, 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 or to an internal stairwell at the premises, nor had it ensured that penetrations in the slab were covered as required by the regulations.

His Worship Mr Calder SM was not satisfied that it was practicable for the defendant to take any measures with respect to the stairwell void and that the penetrations did not expose workers to any hazard as form-ply was in place beneath the penetrations.

His Worship did however find that there was a risk of falling from the suspended slab and stairwell landing and took the view that the offence was at the lower end of the scale, given that the suspended slab was generally clean, the worker on site was experienced and that the company had no prior convictions.

The defendant pleaded not guilty. The penalty was imposed under section 22(4).

Outcome Summary


Conviction Date 01 Dec 1999
Court Perth Court of Petty Sessions
Fine $4,000
Costs $697
Charge Number 8794/99