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Prosecution Details

Defendant Eclo Pty Ltd (formerly known as Entact Clough Pty Ltd)
Trading Name Not applicable
Regulation 3.88(1)
Offence Date 1-3 September 1999
Description of Breach(es)

Being the main contractor at a construction site where concrete tilt-up panels were cast on the site and titled or lifted into place, failed to ensure that the safety requirements for the erection of the panels were in accordance with the requirements of AS3850.1 and AS3850.2.

Background Details

The defendant was erecting a factory/warehouse complex in Morley. The construction involved the use of concrete tilt-up panels. The panels were cast on site and then lifted into place. During the construction phase, the panels were held in position by bracing struts before they were bolted together.

On 3 September 1999, a panel at the site collapsed and broke into pieces. Investigations revealed that the panels had not been braced in accordance with the design drawings, specifically, it had a lack of lateral bracing. The photograph shows a gap in the panels, this was the location of the one that collapsed. The bracing shown in this photograph includes the lateral bracing required by the design drawings.

On the night of 2 September 1999, the site was subject to high winds. Panel bracing was inspected on the morning of 3 September and it was noted that the bracing on the one panel had been damaged. The area around this panel was bunted off and arrangements were made to have a scaffolding company inspect the bracing. However, before this could be done, a rainsquall passed over the site and the panel collapsed.

Regulation 3.88 required that the safety requirements for the erection of panels be in accordance with the requirements of Australian Standards 3850.1, clause 7.6(a). This requires that bracing be in accordance with the shop drawings. The shop drawings in this case clearly showed the requirement for lateral bracing.

His Worship Mr J R Packington SM heard the case.

The defendant pleaded guilty.

Lead Image
Outcome Summary convicted
Conviction Date 14 Jul 2000
Court Perth Court of Petty Sessions
Fine $2,500
Costs $467
Charge Number 25765/00