Prosecution Details

Did class 2 demolition work, namely work comprising the total or partial demolition of a building less than 10 metres in height where that building was not a single story dwelling, without being issued with a licence under the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984 to do class 1 or class 2 demolition work; contrary to Regulation 3.117(2) of the Regulations.

The defendant operates a demolition business. The defendant had a contract with another company to demolish and remove the building located at St James. The building was a double brick building of approximately 600 square metres that was zoned Highway Commercial by the City of Canning.

On 17 July 2003 WorkSafe Inspectors attended the building and observed the defendant and another person performing demolition work on the building. The demolition of this building involved 'class 2' demolition work according to regulation 3.114 of the Occupational Safety and Health Regulations as the demolition work did not involve class 1 demolition work and the building was less than 10 metres high and was not a single storey dwelling.

The defendant did not hold a class 2 or class 1 licence at that time and the other person engaged in the demolition work was a person working for the defendant.

The defendant did not appear and a conviction was recorded pursuant to section 136AA of the Justices Act.