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Prosecution Details

Defendant David William Walling
Regulation 6.3(1)
Offence Date Thursday, 27 July 2000
Description of Breach(es)

Performed prescribed work, namely scaffolding where a person or object could fall more than four meters from the scaffolding, when he did not hold a certificate of competency that he was required by the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment [NOHSC: 1006 (1995)] to hold to perform that work.

Background Details

The defendant was employed as a construction foreman by a building company who was constructing multi-storey residential units in Scarborough.

On 27 July 2000 the defendant, with the assistance of a labourer employed by the building company, erected scaffolding from the ground level to the top floor of a couple of units, a height of approximately 5 metres. The defendant did not hold a certificate of competency as required by the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment [NOHSC: 1006 (1995)].

A WorkSafe Inspector inspected the scaffolding that had been erected by the defendant and found it to be deficient in a number of respects.

The defendant pleaded not guilty.




Outcome Summary convicted
Conviction Date 01 Mar 2002
Court Perth Court of Petty Sessions
Fine $1,000
Costs $821
Charge Number 12773/01