Prosecution Details

Being the main contractor at a workplace, failed to ensure that edge protection that complies with regulation 3.55(5) of the Occupational Safety and Health Regulations 1996 was provided and kept in place whenever there was a risk that a person could fall 2 or metres from a fixed stair, landing or suspended slab at the workplace; contrary to regulation 3.55(1)(a) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

The defendant was a building company engaged to build two adjoining two storey factory units at Belmont.

A WorkSafe Inspector attended the site and found a person working on the first floor of one of the units. The first floor of the units was more than two metres above the ground floor. Regulation 3.55 provides that wherever there is a risk that a person could fall more than two metres from the edge of a fixed stair, landing or suspended slab edge protection must be provided. Edge protection must include a top rail positioned at not less than 900mm and either a mid rail and toe board or a toe board and mesh panelling. On inspection it was found that there were no guardrails fixed to the stairs leading to the first floor in both units. There was no edge protection in respect of the window bays on the first floor.
Further, the edge protection provided in respect of the leading edge of the first floor was inadequate as there was no mid rail or toe board and the single guardrail was inadequately secured to prevent a person falling through the rail if the rail was subjected to force.
Two persons had been regularly working on the first floor of the units.

The defendant pleaded guilty.