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Prosecution Details

Defendant Matthew Stephen Fuller
Section 20(1) and 20(4)
Offence Date Wednesday, 18 September 2002
Description of Breach(es)

On the 18th day of September 2002 at Myaree the defendant being an employee, failed to take reasonable care to avoid adversely affecting the safety of the other persons through an omission at work in that he failed to direct that a concrete tilt-up panel was moved from a position where it leaned against another concrete tilt-up panel in contravention of section 20(1) of the Occupational Safety and Health Act 1984; contrary to section 20(4) of the Act.

Background Details

The defendant was employed as a site supervisor at a construction site at Myaree.

On 18 September 2002 a structural failure occurred involving a commercial building under construction, which consisted of structural steel and concrete panels. The concrete tilt-up panel and steel structure underwent progressive collapse. Two employees were, at the time of the collapse, fixing roof steel purlins approximately 6.6 metres above the ground. An employee was fatally injured. Another employee sustained serious leg injuries.

In the course of their investigation WorkSafe Inspectors found that a small protico concrete panel had, prior to the collapse, been leant against a larger panel that formed part of the building under construction. The leaning of the smaller panel against the larger panel did not cause the collapse. However the practice of leaning one panel against another was hazardous because the bracing for the larger panel is not designed to withstand the additional force of the leaning panel.

The defendant failed to take any action in respect of the leaning concrete panel.

The defendant was found guilty.

Outcome Summary


Conviction Date 15 Mar 2004
Court Perth Court of Petty Sessions
Fine $2,000
Costs $1,557.70