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Prosecution Details

Defendant Earthwise Enterprises Pty Ltd
Trading Name Not applicable
Regulation 3.12
Offence Date Tuesday, 1 May 2001
Description of Breach(es)

Being the main contractor at a workplace where demolition work other than specified demolition work was being done, failed to ensure that the work was done in accordance with AS2601 in that it failed to ensure that services within the structure not required to be maintained during the demolition work were properly disconnected and sealed off before any demolition commenced.

Background Details

The defendant was the main contractor for the demolition of a single storey residence in Beckenham.

On 1 May 2001 two WorkSafe inspectors visited the site and observed two workers employed by the defendant stripping the floorboards from the front room floor and stripping asbestos cement sheets from the garden fence. Parts of the front and side of the house had been decladded.

The inspectors noticed that the electrical power service line from the supply authority overhead power lines to the residence was still connected. Power was still connected to the meter box at the front of the house.

A director of the defendant was interviewed in relation to this matter and admitted that the power was not disconnected to the site until the day following the inspector's visit. Arrangements had been made with Western Power to cut the power off on 30 April 2001, however, Western Power did not do so because the resident of the home had not verified disconnection of their account.

Once the defendant became aware that the power was still connected on 1 May 2001, all work on the site was ceased until the power was disconnected.

The matter was heard the Mr Jones SM.

Outcome Summary convicted
Conviction Date 14 Nov 2001
Court Perth Court of Petty Sessions
Fine $2,500
Costs $193.70
Charge Number 45671/01