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Prosecution Details

Defendant SJ & W Leopold Nominees Pty Ltd
Trading Name Steve Leopold Constructions
Section 22(1)(a)
Regulation Not applicable
Offence Date Friday, 12 November 1999
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 persons who were at the workplace were not exposed to hazards.

Background Details

The defendant was constructing multi-storey residential units in Cottesloe.

An inspection of the site revealed several hazards such as the stairs in both units were not guarded and the balconies on the first and second storeys of both units were unguarded. At the time of the inspection a worker was observed working 30cm from one of the unguarded stairways on the first floor unit. The distance a person could fall from the unguarded first storey stairs was 2.8 metres and the distance a person could fall from the unguarded second storey stairs was 5.5 metres.

Also the hoist used to lift materials was not barricaded in any way, which made it possible for persons to walk underneath the hoist whilst it was being operated or whilst it was suspended above ground level.

It was practicable for the defendant to have provided guarding to the stairs and balconies and barricading to the material hoist.

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

Outcome Summary convicted
Conviction Date 23 Jan 2001
Court Perth Court of Petty Sessions
Fine $1,500
Costs $267.70
Charge Number 7392/01