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Prosecution Details

Defendant JWH Group Pty Ltd
Trading Name In-Vogue Two Storey Designs
Regulation 3.55(1)(b)
Offence Date Wednesday, 9 June 2004
Description of Breach(es)

Being a person who at a workplace, was a person having control of the workplace, did not ensure that edge protection that complied with subregulation 3.55(5) of the Occupational Safety and Health Regulations 1996 was provided and kept in place when there was a risk that a person could fall 2 or more metres from the edge of formwork at the workplace and by that action contravened regulation 3.55(1)(b) of the Occupational Safety and Health Regulations 1996, made under the Occupational Safety and Health Act 1984.

Background Details

The defendant carries on business in Perth as a homebuilder.

On 9 June 2004 the defendant was constructing a double story house at Ocean Reef and had control of that workplace.

On 9 June 2004 two persons were working as apprentice carpenters at the workplace. On that day their work involved standing approximately 300 mm from the unguarded edge of the first floor form work, which was approximately 2.8 metres in height, and pulling 5 metre long by 2 metre long steel mesh sheets up onto the formwork.

Despite the risk that the persons could fall 2.8 meters from the edge of the formwork at the workplace, the defendant did not provide any edge protection which complied with regulation 3.55(5) or at all.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 02 Feb 2005
Court Joondalup Court of Petty Sessions
Fine $4,000
Costs $584.45
Charge Number 10035/04