Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
BENDIGO SCAFFOLDING PTY LTD
Date of offence: 14 October 2004
Date of prosecution:
Magistrate:
Plea:
8 December 2005 at Bendigo Magistrates’ Court
His Honour Magistrate Gibb
Guilty
On 14 October 2004, a WorkSafe inspector observed two employees of Bendigo Scaffolding Pty
Ltd undertaking unsafe work at a height while demolishing a building at Bendigo. The apex of the
building was approximately eight metres high.
The employees were observed working within two metres from the edge of the building without the
provision of any safety mesh beneath the roof or any other form of fall protection being used.
At the time, the employees were removing and carrying the steel roof sheets (eight metres
long) from the west side of the roof. The employees were not wearing any safety harnesses. The
employees gained access via a broken extension ladder that was not secured at the top or bottom.
The ladder was approximately 3.5m from the ground. The employees used the ladder while
carrying tools, hence they were not able to maintain, at all times, two hands on the ladder. Nor had
employees been granted permission to use the ladder by another company that owned the ladder.
Prior to 14 October 2005, a health and safety representative (HSR) had inducted the employees
together with their manager onto the site by providing them with an OHS booklet and showing them
the job that was required to be undertaken. The HSR was assured by the manager of the defendant
company that a safety harness and other fall protection would be used in undertaking the work.
The defendant company had harnesses, scaffolding and a ladder, however, they were located off
site at headquarters. It did not own an elevated work platform and there was no written job safety
analysis for the work.
The inspector issued two prohibition notices preventing the work from continuing without an
appropriate fall arrest system and other fall protection equipment and preventing use of the unsafe
and damaged extension ladder.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $14,000.
10PROSECUTIONS 2005