Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
SNAPE CONSTRUCTIONS PTY LTD
Date of offence: 11 November 2003
Date of prosecution:
Magistrate:
Plea:
3 March 2005 at Moe Magistrates’ Court
His Honour Magistrate Winton-Smith
Guilty
On 10 November 2003 in Warragul, a WorkSafe inspector observed an employee working within two
metres of the edge of an open lift shaft that was approximately six metres high. The inspector also
observed that there was no appropriate perimeter guard railing around the first floor edges. The
inspector issued a prohibition notice preventing all construction works on the first level at the site
until adequate perimeter guard railing (including top and mid rails and toe boards) was installed on
the south, east and west sides of the open lift shaft. The inspector also issued a prohibition notice
concerning the unsafe scaffolding.
The inspector returned to the site a day later and noted that full perimeter hand rails, including mid
rails and toe boards had been installed. The scaffolding tower had been provided with appropriate
mid rails on the working deck, which were secured with 90 degree scaffold couplers. The tower had
also been secured to the building to prevent any movement whilst on the top deck. Both prohibition
notices issued on 10 November 2004 were rescinded.
The inspector still considered that a risk existed around the lift shaft area on the first floor and
issued an additional prohibition notice regarding the continuing immediate risk of the uncovered
portions of the lift shaft area exposing employees to potential falls of six metres.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Without conviction fined $2,000.
70 PROSECUTIONS 2005