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Prosecution Details

Defendant Nationwide Roofing Pty Ltd
Regulation 3.55(2)
Offence Date Monday, 12 July 2004
Description of Breach(es)

Being an employer at a workplace, did not ensure that edge protection that complied with Regulation 3.55(5) of the Occupational Safety and Health Regulations 1996 was provided and kept in place or a fall injury prevention system was provided and in operation when there was a risk that a person could fall 3 metres or more from an edge at the workplace; contrary to regulation 3.55(2) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Background Details

The accused is in the business of constructing roofs on commercial buildings.

On 12 July 2004 the accused was constructing the roof of a building complex in Stirling. The roof was being constructed out of metal roof sheets screwed to the metal purlins underneath them. During the morning of 12 July 2004, an employee of the accused was told by its site supervisor to finish off the roof.

This required that the employee work from the roof, which was about 6 metres high at a distance of about 2.5 metres from the edge. When doing this he noticed that the purlins at the eastern elevation of the roof were too short so he extended them. This meant that he was working from the very edge of the roof for about half an hour while about 6 metres above the ground.

At about the same time, the site supervisor told another employee of the accused to put apron flashings onto the roof. This required that he work from the roof at a height of about 5 metres at a distance of about 500mm from the edge.

The edges from which the employees were working were not protected by edge protection, and a fall injury prevention system was not in operation when there was a risk that one employee could fall 6 metres and the other employee could fall 5 metres from the edge.

The employees were carrying out this work when an Inspector from WorkSafe arrived at the site and issued a Prohibition Notice to the accused stopping the work being carried out until the accused had complied with regulation 3.55(2).

The accused pleaded guilty.




Outcome Summary Convicted
Conviction Date 17 Feb 2006
Court Magistrates Court of WA - Perth
Fine $1,500
Costs $518.45
Charge Number 32005/05