Ray Anthony White
Incident description:
A worker was injured by falling from a height of 6.5 metres at a house under construction. A scaffolder had removed almost all of the scaffolding at the main stairway, leaving just the ‘bones’ and 5 wooden planks on the top level. The scaffolder was advised that the plasterers would still need some scaffolding for their work, so he assembled a ‘spur’ scaffold attached to the existing scaffold. The scaffolder called a plasterer to come and see how secure the ‘spur’ scaffold was. The plasterer stood on the planks at the top of the main scaffold while the scaffolder jumped up and down on the planks of the ‘spur’. The movement caused the vertical supports of the main scaffold to flex apart and four of the five planks the plasterer was standing on fell to the ground approximately three storeys below. The worker sustained spinal injuries and cuts.
Investigation findings:
The investigation found that the scaffolder failed to incorporate a basic structural and safety component when he erected the scaffolding.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Obligation holders should consider the requirements of regulation 20 Subdivision 13 of Division 3 of the Workplace Health and Safety Regulation 2008 . They should also consider the requirements of Scaffolding WHSQ Code of Practice.
Court result:
White was found guilty and placed on a good behavior bond with $5,000 recognisance and $5,000 surety. No conviction was recorded.
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Industry:
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House construction
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Defendant:
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Ray Anthony White
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Date of offence:
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31 August 2006
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Location of offence:
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Hamilton
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Injury:
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Spinal injuries and cuts
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Offence:
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Grievous bodily harm
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Court:
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Mareeba Industrial Magistrates Court
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Magistrate:
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Mr Thomas Braes
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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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14 January 2008
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Penalty:
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Two year good behavior bond with $5,000 recognisance and $5,000 surety (Justices Act, s32)
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Maximum fine available:
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$75,000
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Investigation costs:
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$1,500
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Professional and legal costs:
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$750.00
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Court costs:
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$65.40
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In default period to pay:
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Refer to the State Penalties Enforcement Registry
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Conviction recorded:
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No
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CIS No.:
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E67258
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