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Prosecution Details

Defendant Fini Building Company Pty Ltd
Trading Name Not applicble
Regulation 3.55(b)
Offence Date Friday, 10 September 1999
Description of Breach(es)

Being an employer at a workplace, failed to ensure that edge protection on a fixed platform which was located so that a person falling from it would fall 2 or more metres was in the form of a guard rail complying with AS1657.

Background Details

The defendant was engaged to carry out construction work at some Villas in Booragoon.

The defendant contracted another company to supply and erect scaffolding to deck out the void atrium to provide a working platform for the ceiling fixers. The guardrailing system consisted of a single top rail with no mid rails. Toe boards were present in some areas but not all.

The defendant engaged another company to undertake ceiling fixing works at the site and on 23 August 1999 two ceiling fixers from the company went to the site to carry out ceiling fixing duties.

The area at the first floor level where the two ceiling fixers were accessing and egressing the work platform was missing a guardrail. There was no means of accessing this area apart from climbing the scaffolding. One of the ceiling fixers climbed down the scaffold to get a spirit level. On his return he fell as he was attempting to access the floor area. He suffered bruising and grazing to his hips, elbows and arms, a back injury and concussion/disorientation.

On a subsequent inspection it was found that the distance between the first floor level and the ground floor level was 2700mm.

The defendant pleaded not guilty and was subsequently found guilty.

Outcome Summary convicted
Conviction Date 24 Jan 2001
Court Perth Court of Petty Sessions
Fine $1,500
Costs $531.70
Charge Number 42240/00