$35,000 fine over worker`s death

$35,000 fine over worker`s death

20.05.2008

A PERTH builder has been fined $35,000 for failing to provide a safe environment at a construction site where a worker was killed almost six years ago.

Construction worker Desmond Kelsh died in September 2002 at a building site at Myaree, in Perth`s north, when tilt-up panels collapsed, crushing him.

Tilt-up construction is when entire walls and other sections of buildings are pre-cast and raised into place.

The builder, Svein Tobiassen, was charged with four counts of failing to provide a safe workplace and causing Mr Kelsh`s death.

A magistrate initially dismissed all charges, but the decision was overturned on appeal and Mr Tobiassen was on Friday fined $35,000.

Worksafe Commissioner Nina Lyhne said the appeal showed it was no excuse that Mr Tobiassen had not informed himself of the hazards on the site.

"It makes it clear that the obligation to provide a safe workplace is not conditional upon how much the person with the duty of care knows about the hazards of that workplace," Ms Lyhne said.

Mr Kelsh`s death led to new regulations for the tilt up industry and the introduction of a code of practice.

 

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