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Prosecution Details

Defendant Mark Browner
Regulation 3.55(1)(a)
Offence Date Thursday, 15 April 2004
Description of Breach(es)

Being a self-employed person at a workplace, failed to ensure that edge protection that complied with regulation 3.55(5) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984 was provided and kept in place where there was a risk that he could fall 2 or more metres from a scaffold at the workplace; contrary to regulation 3.55(1)(a) of the Regulations.

Background Details

The defendant is a self-employed person who provides home improvement services including rendering external walls. The defendant was engaged by another business to render the exterior walls of premises it owned at Osborne Park.

The defendant erected a mobile steel scaffold system in order to create a work platform from which to access the upper parts of the buildings walls. That work platform was elevated approximately 3 metres above the ground and did not have any edge protection. The defendant also used a step-ladder on top of the mobile work platform to enable him to access up to the roof line of the walls. This exposed the defendant to a significant risk of injury due to a fall from height.

Regulation 3.55 provides that wherever there is a risk that a person could fall more than two metres from the edge of a scaffold, 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.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 27 Aug 2004
Court Perth Court of Petty Sessions
Fine $300
Costs $178.45
Charge Number 35925/04