Prosecution Details

Being the main contractor at a workplace, failed to ensure that an opening in a concrete floor of a building at the workplace with dimensions of more than 200mm x 200mm but less than 2 metres x 2 metres which was not a lift well, a stairwell or a vehicle inspection pit, had wire mesh which met the requirements of regulation 3.54(2) of the Occupational Safety and Health Regulations 1996 and was covered with a material that was strong enough to prevent persons or things entering or falling through the opening and which was securely fixed on the floor.

The defendant was the main contractor constructing a two-storey residence in Ascot. On a routine inspection a WorkSafe Inspector observed three holes in the concrete floor of the first level of the house under construction.

He measured the holes and found their dimensions to be 360mm x 360mm; 500mm x 370mm, and 350mm x 350mm. There was no wire mesh within the concrete holes and they were not covered, as is required by regulation 3.54(1)(b). The distance from the first floor to the ground was approxiamtely 3.1 metres.

At the time of the WorkSafe Inspector's inspection he observed two subcontractor bricklayers working on the first storey of the house. The holes were located next to bricks that would be used by the bricklayers and therefore their was a real risk of persons falling through the holes.

The defendant pleaded guilty.