Prosecution Details

Being a self-employed person at a construction site where concrete tilt-up panels were to be cast on the site and tilted or lifted into place, failed to ensure that the erection of the panels was in accordance with the relevant requirements of paragraph 7.6(a) of AS 3850.1 in that he failed to ensure that elements were braced in accordance with the shop drawings; contrary to regulation 3.88(1) of the Occupational Safety and Health Regulations 1996.

The Accused was engaged as a registered builder for a construction development at the corner of Harrison Road and Dundas Road in Forrestfield. The development comprised a warehouse, which included within the warehouse an electrical switch and services room (the services room). The site was owned by Taliska Investments Pty Ltd (Taliska). The Accused had a contract with Devcon Australia Pty Ltd (Devcon) to provide services as a registered builder. Devcon had credit facilities with suppliers and purchased all labour and materials required for building or maintenance associated with the development. Devcon approved the invoices for payment and then instructed Taliska to pay its respective portion of invoices direct to the suppliers. Devcon also invoiced Taliska for its share of Devcon's administration and building employee overheads on a full cost recovery basis. In respect of this development, the Accused issued invoices to Devcon for his services and those invoices were paid by Taliska.

As the registered builder for the development the Accused was required to personally manage and supervise the building work or to ensure that the building work was managed and supervised pursuant to section 10AA of the Builders Registration Act 1939. The Accused was assisted by a trainee site supervisor. He was responsible to the Accused and acted on his instructions.

The main method of construction of the warehouse involved the use of concrete tilt-up panels. Tilt-up panels are slabs of reinforced concrete that are fabricated on site and tilted up by crane lifting the panel into a vertical position as walls of a building.

The panels were constructed on site by contractors. McCracken Rigging Pty Ltd were engaged to erect the panels at the site. Other contractors worked at the site from time to time. These contractors included Waratah Roofing who were engaged to supply and fix roof and wall metal sheeting and Southern Steelworks who were engaged to fabricate and erect steel at this time.

On 1 and 2 March 2003 concrete panels were erected in the area of the services room. The process of erection required the panels to be temporarily braced using a bracing system. The Australian Standard that applies to tilt-up panel construction is AS 3850.1. That Australian Standard requires that tilt-up panels be braced in accordance with shop drawings. The shop drawings are designed by an engineer and are an integral part of the safety regime imposed on tilt-up panel construction. As part of the design process the engineer takes into account prevailing wind conditions and the bracing system is designed to sustain wind loads.

The bracing system used at the site was designed by Tilt Lift Equipment Pty Ltd (Tilt Lift). In respect of each panel, Tilt Lift provided a panel erection shop drawing (shop drawing). Each shop drawing specifies the number and type of braces to be installed on each panel and specifies the height, length and angle at which that brace is to be installed. Tilt Lift supplied the braces specified in the shop drawings except for lateral, knee and end bracing. The shop drawings specifically provided that lateral, knee and end bracing was to be supplied by the builder or contractor.

On 5 March 2003, a Senior WorkSafe Inspector attended the site and inspected the panels erected in the area of the services room. In the course of his inspection the Senior Inspector spoke with the Accused by telephone in relation to bracing of the panels. At the completion of his inspection the Inspector issued an improvement notice to the trainee site supervisor identifying that the concrete panels were not braced in accordance with the design engineer's specifications and that the internal bracing was not anchored at either end. The improvement notice required that measures be taken to ensure that the bracing was in accordance with the design engineer's specifications by no later than 6 March 2003 at 12 noon.

As the registered builder for the development the Accused was required to personally manage and supervise the building work or to ensure that the building work was managed and supervised pursuant to section 10AA of the Builders Registration Act 1939. The Accused was assisted by a trainee site supervisor. He was responsible to the Accused and acted on his instructions.

The main method of construction of the warehouse involved the use of concrete tilt-up panels. Tilt-up panels are slabs of reinforced concrete that are fabricated on site and tilted up by crane lifting the panel into a vertical position as walls of a building.

The panels were constructed on site by contractors. McCracken Rigging Pty Ltd were engaged to erect the panels at the site. Other contractors worked at the site from time to time. These contractors included Waratah Roofing who were engaged to supply and fix roof and wall metal sheeting and Southern Steelworks who were engaged to fabricate and erect steel at this time.

On 1 and 2 March 2003 concrete panels were erected in the area of the services room. The process of erection required the panels to be temporarily braced using a bracing system. The Australian Standard that applies to tilt-up panel construction is AS 3850.1. That Australian Standard requires that tilt-up panels be braced in accordance with shop drawings. The shop drawings are designed by an engineer and are an integral part of the safety regime imposed on tilt-up panel construction. As part of the design process the engineer takes into account prevailing wind conditions and the bracing system is designed to sustain wind loads.

The bracing system used at the site was designed by Tilt Lift Equipment Pty Ltd (Tilt Lift). In respect of each panel, Tilt Lift provided a panel erection shop drawing (shop drawing). Each shop drawing specifies the number and type of braces to be installed on each panel and specifies the height, length and angle at which that brace is to be installed. Tilt Lift supplied the braces specified in the shop drawings except for lateral, knee and end bracing. The shop drawings specifically provided that lateral, knee and end bracing was to be supplied by the builder or contractor.

On 5 March 2003, a Senior WorkSafe Inspector attended the site and inspected the panels erected in the area of the services room. In the course of his inspection the Senior Inspector spoke with the Accused by telephone in relation to bracing of the panels. At the completion of his inspection the Inspector issued an improvement notice to the trainee site supervisor identifying that the concrete panels were not braced in accordance with the design engineer's specifications and that the internal bracing was not anchored at either end. The improvement notice required that measures be taken to ensure that the bracing was in accordance with the design engineer's specifications by no later than 6 March 2003 at 12 noon.