Prosecution Details

Being an employer, failed so far as was practicable to provide and maintain a working environment in which its employees were not exposed to hazards and in particular failed to provide and maintain a system of work such that, so far as was practicable, its employees were not exposed to a hazard.

The defendant was a building company which was constructing two storey units in Bunbury.

When the site was inspected on 25 August 1999 it was noted that the roof structure of one of the two storey units was partially completed. Two roof carpenters were working on the first floor on this unit. The scaffold surrounding the unit which was acting as a work/catch platform was unsafe. Guard rails were missing and planks were missing from the structure leaving gaps large enough for a person to fall through to the ground. The fall height was approximately 4 metres.

A prohibition notice was issued with respect to the frame scaffolding and the defects were rectified promptly. Although workers were exposed to the risk of falling, there were no injuries, though the defendant ought to have been aware of the requirement to ensure that scaffold framing around the units was in a serviceable condition and complied with the regulations because on 20 July 1999 an improvement notice was issued with respect to this very issue.

The defendant pleaded guilty. The penalty was imposed under section 19(6).

convicted