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Prosecution Details

Defendant Fini Building Co Pty Ltd
Regulation 3.54(1)(b)(ii)
Offence Date Saturday, 17 March 2001
Description of Breach(es)

Being a person, who had control of a workplace, failed to ensure that openings, which were not lift wells, stairwells or vehicle inspection pits, with dimensions of more than 200mm x 200mm but less than 2 metres x 2 metres in a concrete floor of a structure at the workplace were covered with a material that was strong enough to prevent persons or things entering or falling through the openings and which was securely fixed to the floor.

Background Details

The defendant had control of a construction site at O'Connor.

On 17 March 2001 a rigger employed by another organisation was operating an elevated work platform (EWP) at full platform height.

The rigger was fitting bridging ties (steel connecting brackets tying the roof purlins together) inside the front building entry. While was was reversing the EWP, to line up with the bridging tie line, the EWP swayed and fell over. The rigger remained in the EWP platform until it hit the concrete, falling approximately 6.2 metres.

An investigation revealed that the EWP that was operated by the rigger was being manoeuvred on a concrete slab that had 15 polystyrene foam filled penetrations. A wheel of the EWP had entered one of these penetrations.The rigger suffered a perforated right lung and fractures to his pelvis, femur, ribs and L1 vertebrae.

The defendant pleaded not guilty.

Outcome Summary convicted
Conviction Date 23 Jul 2002
Court Fremantle Court of Petty Sessions
Fine $2,000
Costs $2,800
Charge Number 9995/01