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Prosecution Details

Defendant Rosella Builders Pty Ltd
Section 19(1) and 19(6)
Offence Date Thursday, 9 November 2000
Description of Breach(es)

Being an employer, failed so far as was practicable, to provide and maintain a working environment in which its employees were not exposed to hazards.

Background Details

The defendant was the main contractor for the construction of a two storey residence, and had subcontracted the concrete work.

The defendant did not supply any means to access the first storey, therefore the subcontractor used his own extension ladder to access the formwork on the first storey. The subcontractor proceeded with concrete work on the first storey level. When he returned to access the ladder he noticed the ladder had been moved from where he originally put it and stepped onto the first rung of the ladder. The ladder was not secured and it came away from the formwork and fell to the ground. The first floor slab did not have any edge protection or fall protection equipment.

The subcontractor fell 3.1 metres to the ground breaking his left arm.

The defendant pleaded guilty. The penalty was imposed under section 19(6).

Outcome Summary


Conviction Date 16 Apr 2002
Court Fremantle Court of Petty Sessions
Fine $5,000
Costs $287.70
Charge Number 1464/02