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Prosecution Details

Defendant Diploma Construction Pty Ltd
Trading Name Not applicable
Regulation 3.55(c)
Offence Date Wednesday, 27 September 2000
Description of Breach(es)

Being an employer at a workplace, failed to ensure that edge protection, used as a means of reducing a risk of falling, on an open edge, other than a scaffold, stair, landing or fixed platform, located so that a person falling from it would fall 3 or more metres, had a guard rail which complied with AS1657 and incorporated a toe board.

Background Details

The defendant was constructing an office complex in North Fremantle. On 27 September 2000 two WorkSafe Inspectors visited the site and observed that edge protection had been used on the upper storey slab. The edge protection consisted of a guardrail system. The top rail was below the required minimum height of 900mm and there were no toe-boards nor was suitable infill used.

The top rail was measured to vary in height from 450mm to 650mm. A portion of the guardrail system was not parallel to the slab. Pursuant to clause 3.4 of Australian Standard 1657-1992 guardrailing must consist of a top rail parallel to the floor at a height of not less than 900mm nor more than 1100mm above the platform. The block sloped and at its western elevation the fall distance from the formwork to the ground was measurecd to be 4 metres and at the eastern elevation it was measured to be 6.5 metres.

The defendant pleaded not guilty.

Outcome Summary convicted
Conviction Date 30 Oct 2001
Court Fremantle Court of Petty Sessions
Fine $2,500
Costs $1,037.70
Charge Number 4701/01