Ingley, MA and RL trading as Brim Fitout and Carpentry
Incident description:
A worker cut a hole with a power tool to provide for a manhole in a ceiling of a domestic residence which was undergoing renovation . This allowed the dust and asbestos pieces to disperse around the room and onto the carpet and furnishings. Prior to installing the manhole the worker knocked a hole in the ceiling large enough for a person to enter and allowed the asbestos dust and materials to fall to the ground and onto another person.
Investigation findings:
Tests confirmed the dust was asbestos. There was no compliance with the Asbestos Management Code.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Compliance with the Asbestos Management Code would have ensured safe management of the asbestos while renovations were carried out.
Court result:
The company received a 12 month good behaviour bond with a recognisance of $2,000 and a conviction was recorded.
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Industry:
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Carpentry services
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Defendant:
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Ingley, MA and RL trading as Brim Fitout and Carpentry (ABN 94 259 330 760)
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Date of offence:
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16 August 2006
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Location of offence:
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Camp Hill
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Injury:
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Members of public exposed to asbestos
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Offence:
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Simpliciter
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Court:
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Holland Park Industrial Magistrates Court
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Magistrate:
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Mr Pitt
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Legislation:
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s.28(1) Workplace Health and Safety Act 1995
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Plea:
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Guilty
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Decision date:
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19 October 2007
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Penalty:
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12 month good behaviour bond, recognisance $2000
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Maximum fine available:
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$37,500
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Investigation costs:
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$919
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Professional and legal costs:
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-
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Court costs:
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-
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In default period to pay:
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N/A
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Conviction recorded:
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Yes
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CIS No.:
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E58397
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