Inspector Robert Johnston v Hire N' Higher Scaffolding Pty Ltd; Inspector Robert Johnston v Lipman Pty Ltd [2006] NSWIRComm 9

Inspector Robert Johnston v Hire N' Higher Scaffolding Pty Ltd; Inspector Robert Johnston v Lipman Pty Ltd [2006] NSWIRComm 9

Both defendants failed to implement systems ensuring fall protection and safe scaffolding dismantling for Mr Murdock, exposing him to the risk of falling from an elevated platform, and neither made out a defence under s 28 of the Act. The risk arose from the defendants' undertakings and occurred at their respective places of work.

Parties
Prosecutor: Inspector Robert Johnston; First Defendant: Hire N' Higher Scaffolding Pty Ltd; Second Defendant: Lipman Pty Ltd
Jurisdiction
Australia
Judgment Date
01 February 2006
Procedural Posture
Occupational Health and Safety Prosecution / Trial Judgment
Outcome
Both defendants found guilty of the offence under s 8(2) of the Occupational Health and Safety Act 2000.
Legal Topics
Employer Duties, Risk to Safety, Fall Protection, Safe Work Systems, Section 8(2) Offences, Defences Under Section 28
Occupational Health and Safety Employment Law Employer Duties Risk to Safety Fall Protection Safe Work Systems Section 8(2) Offences Defences Under Section 28

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Parties

Inspector Robert Johnston

Prosecutor

Hire N' Higher Scaffolding Pty Ltd

First Defendant

Lipman Pty Ltd

Second Defendant

Procedural Posture

Occupational Health and Safety Prosecution / Trial Judgment

Legal Issues

  1. 1 Whether the defendants failed to ensure non-employees were not exposed to risks to health and safety under s 8(2) of the Occupational Health and Safety Act 2000
  2. 2 Whether the risk to health and safety arose from the conduct of the defendants' undertakings
  3. 3 Whether persons not in the defendants' employ were at their place of work

Ratio Decidendi

Both defendants failed to implement systems ensuring fall protection and safe scaffolding dismantling for Mr Murdock, exposing him to the risk of falling from an elevated platform, and neither made out a defence under s 28 of the Act. The risk arose from the defendants' undertakings and occurred at their respective places of work.

Court Disposition

Both defendants found guilty of the offence under s 8(2) of the Occupational Health and Safety Act 2000.

Orders

  • Hire N' Higher Scaffolding Pty Ltd found guilty of offence in Matter No IRC 3476 of 2004.
  • Lipman Pty Ltd found guilty of offence in Matter No IRC 3475 of 2004.