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 persons who were at the workplace were not exposed to hazards.

The defendant was constructing a two storey residential home in Mount Pleasant. When inspected on 25 February 2000 it was found that a void in the first floor slab had not been protected and was completely open.

Earlier that day an electrical contractor had fallen backwards from the edge of the void in the first floor slab onto the ground floor slab whilst dismantling a mobile scaffold. The fall height was 2.8 metres. The void was uncovered for approxiately 11 days prior to the accident.

It was practicable for the defendant to have removed the hazard of falling through the void either by means of a clamp on edge protection around the edge or the void, or by erecting a scaffolding under the void and placing wooden planks on top. This was done following the accident.

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

convicted