Prosecution Result Summaries
HIBA DESIGN CONSTRUCTION PTY LTD (ACN 007 364 043)
The Accused was an employer of subcontractors at a building site at 148 New Street, Brighton. Powerlines run along the street close to the property boundary. Arundel Constructions Pty Ltd (Arundel 1) was the principal contractor at the site. On 31 July 2012, a six metre tall scaffold hired by Arundel Constructions (Vic) Pty Ltd (Arundel 2) for the use of the Accused was situated between the building and the property boundary, breaching the no go zone for scaffolding which is 4.6m horizontally and 5.0 metres vertically from powerlines.
Two employees of the Accused were using the scaffold to install steel shades to the second floor balcony. The Accused’s employees then asked two employees of Arundel 2 to help move the scaffold. As it was being moved, it fell onto the powerlines, causing an electric shock to an employee of Arundel 2.
On 9 April 2014, the Accused pleaded guilty to one charge pursuant to sections 21(1) and (2)(a) of the Occupational Health and Safety Act 2004 (the Act) and was, without conviction, fined $5,000 with costs in the sum of $3,000 (Moorabbin Magistrates’ Court).