Non-compliance with statutory safety regulations prescribing minimum heights for guard rails (here, 2 metres under reg 3.55 of the Occupational Safety and Health Regulations 1996 (WA)) does not preclude a finding of negligence for failure to install guard rails on platforms below the statutory threshold, where the negligence calculus otherwise supports a finding of breach. The size of a working platform is a relevant factor in assessing the magnitude and probability of the risk of falling, even where the platform's inadequacy for two workers was not pleaded.
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