Robert David Pratt
Incident description:
On 15 July 2009 a Mackay builder failed to follow the National Code of Practice for the Safe Removal of Asbestos 2nd Edition when removing a 'super 66' roof from an industrial shed.
The court found Mr Robert David Pratt held obligations under s.146 of the Workplace Health and Safety Regulation 2008 in that a person must not remove asbestos containing material other than in accordance with the removal code.
The investigation findings presented to the court revealed the defendant failed to perform the removal work in accordance with the above code. Asbestos containing material (ACM) roof sheeting had been removed in a way which caused unnecessary breaking of the roofing sheets, and significant contamination had occurred to the work area as a result of the removal work.
Court result:
The defendant pleaded guilty in the Mackay Industrial Magistrates Court on 20 August 2010 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with no conviction recorded.
Industrial Magistrate Mr Damien Dwyer fined the defendant $4000 as well as ordering investigation and court costs totalling $815.40.
In reaching a decision the Industrial Magistrate acknowledged dealing with asbestos was a serious matter. He also acknowledged the defendant failed to ensure the removal work was undertaken in the correct manner.
In deciding the penalty imposed Industrial Magistrate Dwyer took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation and entered an early plea of guilty.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the construction industry where there is exposure to risks from asbestos containing material, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.
Risk management involves evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.
When deciding and implementing control measures associated with the risk of removal of asbestos containing material, obligation holders should comply with the National Code of Practice for the Management and Control of Asbestos in Workplaces and the Code of Practice for the Safe Removal of Asbestos 2nd Edition.
Visit the Workplace Health and Safety Queensland website for more information on:
- Asbestos
- Licensing for asbestos removal
- Buliding and construction
- Health and safety information for demolisher and asbestos removalist
- Health and safety information for construction
- Managing risk
- Employer training options
- Training staff
- Code of Practice for the Safe Removal of Asbestos 2nd Edition
- Code of Practice for the Management and Control of Asbestos in the Workplace
- Risk Management Code of Practice 2007
- Workplace Health and Safety Act 1995.
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Industry:
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Construction
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ANZSIC code:
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4223 |
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Defendant:
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Robert David Pratt
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Defendant ACN:
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-
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Date of offence:
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15 July 2010
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Location of offence:
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Mackay
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Injury:
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-
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Circumstance of aggravation:
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Simpliciter
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Court:
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Mackay Industrial Magistrates Court
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Magistrate:
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Mr Damien Dwyer
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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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20 August 2010
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Penalty:
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$4000
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Maximum fine available:
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$50 000
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Investigation costs:
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$750
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Professional and legal costs:
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–
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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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No period defined to pay, in default levy and distress
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Conviction recorded:
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No
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CIS event no.:
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96887
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