Prosecution summaries
Defendant:
Adam Kleeman and Donna Kleeman
Trading Name:
Thommo's Roofing
Description of Breach(es)
Section: 19(1)
Breach(es):
Being an employer, failed, so far as was practicable, to provide and maintain a working environment in which his employees were not exposed to hazards and, by that failure, caused serious harm to an employee; contrary to Sections 19(1) and 19(7) of the Occupational Safety and Health Act 1984.
Background Details:
At the relevant time, the defendants in partnership carried on the business of Thommos Roofing. The defendants were engaged by another company to perform roof refurbishment work to the roof of block C at the Carlisle TAFE in Carlisle. The roof refurbishment work involved removal of existing asbestos roof sheeting, insulation and existing wire mesh followed by installation of new roof components. The distance from the highest point to the ground of the roof of block C at the Carlisle TAFE was approximately 8.5 metres.
Employees of the defendant commenced work on the roof on 21 December 2002.
Access to the roof area of block C was achieved using portable ladders. Two aluminium mobile scaffolds were erected alongside part of the eastern elevation of block C and were approximately 7.5 metres in height to the working platform.
The roof did not have edge protection to all areas of exposed edge of the roof. No fall prevention system was in place during work on the roof. Mr Kleeman was at the site at least daily and was aware that areas of the roof did not have edge protection and that the defendants’ employees were not using any fall prevention system. The defendants had not provided any training on safe systems of work at heights to the injured employee.
On 27 December 2002 Mr Kleeman instructed some employees to wear safety harnesses on the roof. Following this instruction Mr Kleeman saw some of the defendants’ employees on the roof with no fall prevention system in place. Mr Kleeman left the site while those employees were still on the roof without any fall prevention system in place.
Later that same day one of the employees was on the roof assisting other employees of the defendant to install new safety mesh to the apex of the roof. The employee was not wearing any safety harness or using any fall prevention system. While the employee was working on the roof he slipped and fell into the ceiling cavity and through the ceiling to the concrete floor below (a fall of approximately 8 metres). The employee sustained serious injuries as a result of the fall. If the employee had been using an adequate fall prevention system, his fall would have been arrested without any serious injury.
It was practicable for the Defendants to have:
· provided sufficient number of safety harnesses for all employees along with adequate anchorage points and static lines, or to have ensured that such measures were provided.
· trained their employees in safe systems of work at heights.
· instructed their employees not to work on the roof of block C of the Carlisle TAFE in the absence of a safe system of work for working at heights.
· provided adequate supervision to ensure that their employees did not work on the roof in the absence of a safe system of work for working at heights.
The defendants pleaded guilty.
The defendants had two previous convictions for breaches of the Occupational Safety and Health Act 1984.
Charge Details:
Convicted on Wednesday, June 30, 2004 at Perth Court of Petty sessions.
Fine(s): $12,000 (Global penalty
Costs: $398.45