Prosecution Details

Being an employer, failed to provide and maintain, so far as was practicable, a working environment in which its employees were not exposed to hazards.

The defendant was in the business of erecting sheds and was engaged to erect a 50m by 18m kit shed on a farm at Gingin. On 28 January 2001 the shed had substantially been erected and the defendant and two of his employees were in the process of finishing off the sheeting to the walls and roof.

Both employees were working on the roof of the shed at a height in the range of approximately 5 to 6 metres. One of the employees was working along the southwest gable cutting off the wall sheets to the top of the roof using a nine inch angel grinder. He was wearing a full face welding mask to protect his eyes, however, the mask restricted his vision. He was working in a crouched position moving down the roof from the ridge to the gutter line. As he shuffled in that position down the roof his left foot went over the edge of the roof end at the gutter line. He lost his balance and fell to the ground, approximately 5 metres below. The employee sustained a commuted fracture to the right fibia and tibia in the lower leg (ankle).

Neither employee had been provided with a safety harness. One of the employees had his own harness and inertia reel on the job, however there were no anchorages on the roof nor any static lines set up.

This charge was heard with 2 other charges against the defendant and a global fine of $6000 was imposed by the Magistrate. In sentencing, the Magistrate took into account the defendant's financial position and the fact that he no longer operates a shed erecting business. His Worship indicated that a deterrent sentence was called for to ensure others did not cut corners in the manner the defendant did. He also noted that two people were injured and could have lost their lives.

The defendant pleaded not guilty. The penalty was imposed under section 19(6).

convicted