Prosecution Details

Being a person having control 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 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.

The accused is in the business of managing the construction of large commercial buildings.

On 12 July 2004 the accused was managing the construction of a building complex in Stirling. Prior to this date it had contracted with a roofing contractor to construct the roof over the complex, and on 12 July 2004 the contractor was in the process of constructing the roof. The roof was being constructed out of metal roof sheets, which were screwed to the metal purlins underneath them.

During the morning of 12 July 2004 an employee of the Roofing Contractor was working on the roof from a height of 6 metres while about 2.5 metres from the edge of the roof. At about the same time another employee of the Roofing Contractor was working on the roof from a height of 5 metres while about 500 mm from the edge of the roof.

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 from the edge of the roof and the other employee could fall 5 metres from the edge of the roof.

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.