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Prosecution Details

Defendant Outdoor Centre Holdings Pty Ltd
Section 19(1) and 19(6)
Offence Date Thursday, 14 October 2004
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), 19(4) and 19(6) of the Occupational Safety and Health Act 1984.

Background Details

The accused operated a business constructing domestic patios and pergolas. In the course of its business the accused engaged a partnership pursuant to a contract for services to carry out work for it building pergolas at the premises of the Accused's clients.

The accused had engaged the partnership to construct a pergola in Eden Hill. However, it did not provide scaffolding or any other safe system for working at heights, such as when constructing the roof of the pergola approximately 3.9 metres above the ground. This was a matter over which the accused had control.

On 14 October 2004 whilst re-constructing the roof of the pergola by screwing sheets of trim deck onto steel beams one of the partners working fell approximately 3.9 metres onto concrete underneath the steel beams that he was standing on. He was taken to hospital where he was diagnosed as suffering from a head injury, broken left wrist, broken right thumb and hand, and fractured skull and cheek bone.

The accused pleaded guilty.

Outcome Summary Convicted
Conviction Date 15 Sep 2005
Court Magistrates Court of Western Australia - Midland
Fine $15,000
Costs $648.45
Charge Number 5688/05