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Prosecution Details

Defendant Lowrie Constructions (WA) Pty Ltd
Section 19(1) and 19(6)
Offence Date Tuesday, 20 May 2003
Description of Breach(es)

Being an employer, failed, so far as was practicable, to provide and maintain a working environment in which its employees were not exposed to hazards; contrary to Sections 19(1) and 19(6) of the Occupational Safety and Health Act 1984.

Background Details

The defendant operates a business that fabricates and constructs steel-framed buildings, including transportable control rooms.

On 20 May 2003 employees and/or deemed employees pursuant to section 19(4) of the Occupational Safety and Health Act 1984 of the defendant, including the injured employee, were working on the roof of a transportable control room which was approximately 4.13 metres above the ground.

The roof did not have edge protection to all areas of exposed edge of the roof. No fall prevention system was in place during work on the roof. The defendant had not provided any training on safe systems of work at heights to the employee nor instructed him not to work on the roof of the transportable control room without either edge protection or a fall injury prevention system in place.

While the employee was working on the roof he slipped and fell to the ground below (a fall of approximately 4.13 metres). The employee was injured. Either an edge protection system or a fall injury prevention system would have prevented the employee's injuries.

It was practicable for the defendant to have ensured that one of these systems was in place and that employees did not work at height without one of these systems in place.

The defendant was found guilty.

Outcome Summary Convicted
Conviction Date 30 Mar 2005
Court Perth Court of Petty Sessions
Fine $20,000
Costs $5,000
Charge Number 35924/04