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 a person who was at the workplace was not exposed to hazards.

The defendant was constructing a split-level home in East Fremantle on 10 March 1999. Roof plumbers who were not employees of the defendant were applying metal sheeting to the roof of the home.

The roof plumbers were not wearing fall arrest equipment, nor was there any edge protection, in the form of guardrails or scaffolding as can been seen from the photograph. The roof plumbers were exposed to the hazard of a fall of up to 6.2 metres.

His Worship Mr Michelides SM noted that the workers had been exposed to a significant hazard and that serious injury or death could have resulted. In mitigation, His Worship took account of the defendant's guilty plea and the fact that the defendant had no previous convictions for any offence under the Occupational Safety and Health Act 1984.

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

convicted