Prosecution Details

Being a person who erected a scaffold at a workplace failed to ensure that the erection was done in accordance with AS/NZS 1576 Parts 1 to 5.

The defendant was engaged by a builder to erect scaffolding where a house was being constructed.

On 8 January 2001, the defendant reduced the scaffolding height by one level. He then started on the south elevation of the building fixing boards over the gaps to make it safe, though he did not check the north elevation. On 11 January 2001 a plasterer's labourer was working on the north elevation of the scaffolding cleaning off the excess render from planks. When he was tiding up the render board and tools he stepped backwards and his foot landed half on a piece of form ply that was bridging a gap in the working platform of the scaffolding and he fell through the gap. He fell 4.7 metres to the ground below.

Upon inspection by a WorkSafe inspector it was found that two other areas of the working platform had not been planked out. The opening that the labourer fell through measured 400mm wide and the other two openings measured 270mm and 3300mm. The plasterers labourer suffered bruising on the left side of his rib cage and a torn muscle in his left shoulder.

The defendant did not enter a plea. Mr Imlah SM convicted the defendant..