Prosecution Details
| Defendant | Leendert Johan Ouwendyk |
| Trading Name | Kallaroo Painting Contractors |
| Regulation | 349(2)(a) [1]; and 314B(1) & 314C(a) [2] |
| Offence Date | Wednesday, 22 November 1995 |
| Description of Breach(es) | [1] Main contractor allowed construction work to be carried out, having erected metal scaffolding within 4.5m of electric wires that had not been adequately insulated or effectively shielded or otherwise made safe. [2] Employer failed to identify a hazard that involved a person falling, to assess the risk of injury to a person resulting from the hazard, and to consider the means by which the risk could have been reduced. |
| Background Details |
In response to a complaint regarding unsafe scaffolding near power lines the site was investigated. On 22 November 1995 there was scaffolding on an awning, approximately 4.1m from ground level with scaffolding another 2.1m to the working platform, a potential fall of 6.2m. The scaffolding was positioned almost directly under the electrical power lines, while Mr Ouwendyk was painting a building. Convicted on 20 December 1996. |
| Outcome Summary | convicted |
| Conviction Date | 01 Jan 1997 |
| Court | Perth Court of Petty Sessions |
| Fine | $500 [1] and $250 [2] |
| Costs | $632 |
| Charge Number | 23552/96 [1] and 23551/96 [2] |