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Prosecution Details

Defendant Androm Pty Ltd
Trading Name Buckingham Redevelopment Company
Regulation 3.55(1)(a)
Offence Date Monday, 21 July 2003
Description of Breach(es)

Being the main contractor 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 a person could fall 2 or more metres from a fixed stair at the workplace; contrary to regulation 3.55(1)(a) of the Regulations.

Background Details

The defendant operates a building business. On 21 July 2003 the defendant was the main contractor of a workplace located at Osborne Park.

On that date at that workplace a building was under construction. The building was incomplete but there was a suspended slab in place that was more than 2 metres above ground level. There was a fixed stair providing access from the ground level to the top of the suspended slab (mezzanine level). The fixed stair did not have any edge protection on the edge of the stair or any edge protection to the void at the top of the stairwell of the stair. The top of the fixed stair and the void around the stairwell was approximately 3.7 metres above the ground.

On 21 July 2003 three persons were at the workplace carrying out work involved with the erection of structural steel at the workplace, which work including erecting structural steel to the roof of the building on behalf of another firm, a contractor of the defendant. Their work required them to access the mezzanine level and they all used the main stair at some point in the day to access the mezzanine level. The defendant arranged for the firm to be at workplace on that day performing work erecting the structural steel. No instructions were given to the firm or any of the persons who were at the worksite on 21 July 2003 that they were not to use the main stair. The main stair was not barricaded or signed in any way to prevent access to the stair.

The defendant had received notices relating to lack of adequate edge protection on 2 August 2000), 17 January 2002 and 19 November 2002 and in relation to work at height without adequate edge protection or fall prevention systems in use exposing persons to a fall hazard on 27 November 1998 ,4 May 1999, 16 August 1999 and 5 July 2002.

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 15 Apr 2005
Court Perth Court of Petty Sessions
Fine $1,500
Costs $288.45
Charge Number 19784/05