Inspector Brian Dell v Wyoming Mill Pty Ltd / Inspector Brian Dell v Braith Murray Vidler [2003] NSWIRComm 267

Inspector Brian Dell v Wyoming Mill Pty Ltd / Inspector Brian Dell v Braith Murray Vidler [2003] NSWIRComm 267

The prosecution proved beyond reasonable doubt that Wyoming Mill Pty Ltd was an employer and failed to provide a coherent and systematic safe system of work, adequate instructions, training and supervision for the operation of the log forwarder and the log yard. Those omissions exposed employees, including Wayne...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 August 2003
Procedural Posture
Prosecutions Under Section 15(1) and Section 50(1) of the Occupational Health and Safety Act 1983 / Ex Parte Judgment After No Appearance by Either Defendant; Offences Proven, Convictions Entered and Penalties Imposed
Outcome
Offences proven; both defendants convicted and fined.
Legal Topics
['employer Duty to Ensure Health, Safety and Welfare at Work' 'offences by Corporations and Liability of Directors' 'safe System of Work' 'moving Plant and Pedestrian Safety' 'sentencing and Deterrence' 'ex Parte Proceedings and Substituted Service']
['occupational Health and Safety' 'industrial Relations' 'criminal Prosecution'] ['employer Duty to Ensure Health, Safety and Welfare at Work' 'offences by Corporations and Liability of Directors' 'safe System of Work' 'moving Plant and Pedestrian Safety' 'sentencing and Deterrence' 'ex Parte Proceedings and Substituted Service']

Source-derived case record

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Procedural Posture

Prosecutions Under Section 15(1) and Section 50(1) of the Occupational Health and Safety Act 1983 / Ex Parte Judgment After No Appearance by Either Defendant; Offences Proven, Convictions Entered and Penalties Imposed

Legal Issues

  1. 1 ['Whether Wyoming Mill Pty Ltd, as employer, failed to ensure the health, safety and welfare at work of its employees contrary to section 15(1) of the Occupational Health and Safety Act 1983.' 'Whether Braith Murray Vidler, as a director or person concerned in management of Wyoming Mill Pty Ltd, was deemed to have contravened section 15(1) under section 50(1) of the Occupational Health and Safety Act 1983.' "Whether the defendants' failures caused or contributed to the risk that resulted in Wayne Stanley Davison being fatally struck by a log forwarder." 'What penalties should be imposed for the offences.']

Ratio Decidendi

The prosecution proved beyond reasonable doubt that Wyoming Mill Pty Ltd was an employer and failed to provide a coherent and systematic safe system of work, adequate instructions, training and supervision for the operation of the log forwarder and the log yard. Those omissions exposed employees, including Wayne Stanley Davison, to an obvious and foreseeable risk of being struck by moving plant, and the preceding causal link in the fatal accident was the defendants' failure to ensure the safe use of mobile equipment in the log yard. Braith Murray Vidler was a director and general manager with influence over daily operations and occupational health and safety, and no section 50(1) defence...

Court Disposition

Offences proven; both defendants convicted and fined.

Orders

  • ['Matter No 1906 of 2002 - Wyoming Mill Pty Ltd: The offence is proven and a verdict of guilty is entered.' 'Matter No 1906 of 2002 - Wyoming Mill Pty Ltd: The defendant is convicted of the offence as charged.' 'Matter No 1906 of 2002 - Wyoming Mill Pty Ltd: The defendant is fined an amount of $270,000 with a moiety...