Inspector Hall v BU Hazardous Material Removal and Demolition Pty Ltd and Ung [2011] NSWIRComm 146

Inspector Hall v BU Hazardous Material Removal and Demolition Pty Ltd and Ung [2011] NSWIRComm 146

Both BU Hazardous Material Removal and Demolition Pty Ltd and its director, Bo Ung, were convicted of breaching section 8(1) of the Occupational Health and Safety Act 2000 by failing to ensure that employees working at heights were provided with safety harnesses, adequate training, and supervision, thereby exposing employees to a serious risk of injury; as director, Bo Ung is deemed guilty by s 26(1) and shares corporate culpability. The offences are of high objective seriousness and warrant substantial penalties, mitigated only by guilty pleas, cooperation, and remorse.

Parties
Prosecutor: Inspector Craig Hall of WorkCover Authority of New South Wales; First Defendant: BU Hazardous Material Removal and Demolition Pty Ltd; Second Defendant: Bo Ung
Jurisdiction
Australia
Judgment Date
02 November 2011
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Conviction and imposition of monetary penalty
Legal Topics
Employer Duties, Breach of Statutory Duty, Workplace Safety, Penalty Assessment, Director Liability
Occupational Health and Safety Industrial Law Employer Duties Breach of Statutory Duty Workplace Safety Penalty Assessment Director Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Inspector Craig Hall of WorkCover Authority of New South Wales

Prosecutor

BU Hazardous Material Removal and Demolition Pty Ltd

First Defendant

Bo Ung

Second Defendant

Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 Did the defendants breach section 8(1) of the Occupational Health and Safety Act 2000 by failing to ensure health, safety and welfare at work of their employees?
  2. 2 Is the director, Bo Ung, deemed guilty by virtue of section 26(1)?
  3. 3 What is the appropriate penalty, taking into account factors such as objective seriousness, guilty pleas, cooperation, and deterrence?

Ratio Decidendi

Both BU Hazardous Material Removal and Demolition Pty Ltd and its director, Bo Ung, were convicted of breaching section 8(1) of the Occupational Health and Safety Act 2000 by failing to ensure that employees working at heights were provided with safety harnesses, adequate training, and supervision, thereby exposing employees to a serious risk of injury; as director, Bo Ung is deemed guilty by s 26(1) and shares corporate culpability. The offences are of high objective seriousness and warrant substantial penalties, mitigated only by guilty pleas, cooperation, and remorse.

Court Disposition

Conviction and imposition of monetary penalty

Orders

  • A monetary penalty of $300,000 is imposed on BU Hazardous Material Removal and Demolition Pty Ltd and of $30,000 on Bo Ung, with a moiety in each case to the prosecutor.
  • The defendants are to pay the costs of the prosecutor in an amount assessed in default of agreement in such proportion that the respective penalties imposed upon each of them bears to the totality of the costs.