Inspector Richard Mulder v Process Engineering Group Pty Ltd and Anor [2008] NSWIRComm 36

Inspector Richard Mulder v Process Engineering Group Pty Ltd and Anor [2008] NSWIRComm 36

Both Process Engineering Group Pty Ltd and its director Mark Joseph Griffith failed to secure hazardous floor penetrations at a worksite, inadequately inspected and failed to warn workers of the known risks, leading to a foreseeable and preventable injury to a non-employee. As Construction Manager (via his service company), Mr Griffith bore substantive responsibility, and both he and the company are criminally liable under s8(2) (and for Griffith, via s26(1)) of the Occupational Health and Safety Act 2000. The seriousness and foreseeability of the risk, combined with the lack of effective warning or inspection, warranted substantial fines, unaffected by the financial status of the...

Parties
Prosecutor: Inspector Richard Mulder; Corporate Defendant: Process Engineering Group Pty Ltd; Individual Defendant: Mark Joseph Griffith
Jurisdiction
Australia
Judgment Date
18 March 2008
Procedural Posture
Criminal Prosecution (occupational Health and Safety) / Sentence After Plea of Guilty
Outcome
Both defendants found guilty on pleas of guilty; fines imposed.
Legal Topics
Breach of OHS Duties by Employer, Sentencing Principles, Directors' Liability, Parity in Sentencing, Mitigation and Aggravation of Penalty
Occupational Health and Safety Law Criminal Law Sentencing Breach of OHS Duties by Employer Sentencing Principles Directors' Liability Parity in Sentencing Mitigation and Aggravation of Penalty

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Parties

Inspector Richard Mulder

Prosecutor

Process Engineering Group Pty Ltd

Corporate Defendant

Mark Joseph Griffith

Individual Defendant

Procedural Posture

Criminal Prosecution (occupational Health and Safety) / Sentence After Plea of Guilty

Legal Issues

  1. 1 Whether Process Engineering Group Pty Ltd breached s8(2) of the Occupational Health and Safety Act 2000 by failing to ensure non-employees were not exposed to risks at worksite
  2. 2 Whether Mark Joseph Griffith, as sole director and controller, was criminally liable for the same breach under s26(1)
  3. 3 Appropriate penalty for such offences having regard to seriousness, deterrence, parity, and subjective factors

Ratio Decidendi

Both Process Engineering Group Pty Ltd and its director Mark Joseph Griffith failed to secure hazardous floor penetrations at a worksite, inadequately inspected and failed to warn workers of the known risks, leading to a foreseeable and preventable injury to a non-employee. As Construction Manager (via his service company), Mr Griffith bore substantive responsibility, and both he and the company are criminally liable under s8(2) (and for Griffith, via s26(1)) of the Occupational Health and Safety Act 2000. The seriousness and foreseeability of the risk, combined with the lack of effective warning or inspection, warranted substantial fines, unaffected by the financial status of the...

Court Disposition

Both defendants found guilty on pleas of guilty; fines imposed.

Orders

  • In Matter No IRC1090 of 2006, the corporate defendant found guilty and fined $50,000, moiety to WorkCover Authority of NSW.
  • In Matter No IRC1091 of 2006, individual defendant found guilty and fined $20,000, moiety to WorkCover Authority of NSW.