skip navigation

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]