Prosecution Details

[1] Being a person to whom prohibition notice number 49703 had been issued on 27 May 1999 failed to comply with the notice.

[2] Being a person to whom improvement notice number 117581 had been issued on 27 May 1999 failed to comply with the notice.

On 27 May 1999 the construction site where the defendant was the main contractor for construction work of a factory/warehouse in Wangara was inspected by a WorkSafe inspector. The inspector noted two persons exposed to the hazard of falling off the roof of the factory/warehouse whilst attaching roof safety mesh. The roof was approximately 6 metres high. A prohibition notice was issued in relation to the work on the roof.

The WorkSafe inspector also noted that electrical power to the site was by way of a temporary distribution board at the front of the site, approximately 100 metres from the rear of the building under construction. No lead stands had been supplied to the site, and electrical extension leads were laying on the ground, across the driveway to the site through puddles of water. The inspector issued an improvement notice in relation to the use of electrical power at the site.

On 31 May 1999 a follow up inspection was carried out and again persons were working on the roof with no fall protection and the electrical work had not been rectified.

The Magistrate found that both notices complied with the requirements of the Act. In making that finding the Magistrate noted that the notices had to be read as a whole and regard had to be had to the circumstances in which the notices were issued, that is, by an Inspector on a building site.

The defendant pleaded not guilty and was subsequently found guilty. The penalties were imposed under section 54(b).