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.

On 26 September 1998, the defendant was involved in the construction of a large home comprising some 4000 square metres in Canning Vale. On this day four persons who were not employees of the defendant were working at the site.

A worker was working on the steel roof structure of the building with no fall arrest equipment. The fall hazard from the roof structure was significant as can be seen in the photograph.

The first floor landing was not provided with edge protection, exposing these workers to a further fall hazard.

The defendant failed to provide adequate fall arrest equipment, adequate edge protection to balconies, internal stairs and sufficient scaffold in some areas. A penetration in the first floor concrete slab created another fall hazard as it was not covered.

His Worship, Mr Gething SM noted that although the breach was not at the higher end of the scale, the penalty to be imposed had to be such as to reflect the seriousness nature of the charge.

The defendant pleaded guilty. The penalty was imposed under section 22(1)(a).