The company, in turn, engaged a third party to undertake the glazing at the Workplace. The third party’s three employees worked exclusively for AAS and were “deemed as their employees”.
On 15 January 2010, one of the deemed employees used a cantilevered mobile device with a raised platform(“the chariot”), to access high points of the building under construction.
The chariot was the accused’s plant.
The deemed employee sustained fatal injuries when both he and the chariot fell seven storeys to the ground below.
He was not using any fall protection.