WorkCover Authority of New South Wales (Inspector Katf) v Skilled Warehousing (NSW) Pty Ltd and APC Socotherm Pty Ltd [2005] NSWIRComm 296

WorkCover Authority of New South Wales (Inspector Katf) v Skilled Warehousing (NSW) Pty Ltd and APC Socotherm Pty Ltd [2005] NSWIRComm 296

The offences were objectively in the mid range of seriousness because each defendant failed to ensure a safe system for operation and cleaning of the electrically driven paint station despite foreseeable risks, the availability of simple remedial measures such as interlocks and accessible stops, and the potential for much more serious injury. APC's culpability was somewhat greater because it was the direct operator of the newly installed plant and failed to conduct and act on adequate risk assessment and induction. Skilled also remained liable as the labour hire employer and had identified inadequately guarded plant but did not properly pursue the issue. Taking into account guilty pleas,...

Jurisdiction
Australia
Judgment Date
26 August 2005
Procedural Posture
Prosecutions Under S 8(1) and S 8(2) of the Occupational Health and Safety Act 2000 / Penalty Following Pleas of Guilty
Outcome
Both defendants pleaded guilty; penalties and costs orders were made.
Legal Topics
['labour Hire Employer Obligations' 'host Employer Obligations' 'safe System of Work' 'machine Guarding and Interlock Devices' 'foreseeability of Risk' 'general and Specific Deterrence' 'parity Between Co Defendants' 'guilty Plea Discount' 'costs']
['occupational Health and Safety' 'sentencing' 'industrial Relations'] ['labour Hire Employer Obligations' 'host Employer Obligations' 'safe System of Work' 'machine Guarding and Interlock Devices' 'foreseeability of Risk' 'general and Specific Deterrence' 'parity Between Co Defendants' 'guilty Plea Discount' 'costs']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Prosecutions Under S 8(1) and S 8(2) of the Occupational Health and Safety Act 2000 / Penalty Following Pleas of Guilty

Legal Issues

  1. 1 ['What penalties should be imposed on Skilled Warehousing (NSW) Pty Ltd and APC Socotherm Pty Ltd for their admitted breaches of the Occupational Health and Safety Act 2000.' 'The objective seriousness of the offences, including foreseeability of the risk, the available remedial measures, and the injury and potential injury to Mr Paul Nyamweya Osero.' "The extent of the obligations of a labour hire company whose employee works at a host employer's premises." 'The relevance of general and specific deterrence, parity between co-defendants, guilty pleas, absence of prior convictions, remedial steps, cooperation, remorse and financial capacity.']

Ratio Decidendi

The offences were objectively in the mid range of seriousness because each defendant failed to ensure a safe system for operation and cleaning of the electrically driven paint station despite foreseeable risks, the availability of simple remedial measures such as interlocks and accessible stops, and the potential for much more serious injury. APC's culpability was somewhat greater because it was the direct operator of the newly installed plant and failed to conduct and act on adequate risk assessment and induction. Skilled also remained liable as the labour hire employer and had identified inadequately guarded plant but did not properly pursue the issue. Taking into account guilty pleas,...

Court Disposition

Both defendants pleaded guilty; penalties and costs orders were made.

Orders

  • ['In Matter No IRC 3397 of 2004, Skilled Warehousing (NSW) Pty Limited was ordered to pay a penalty of $71,500.' 'A moiety was allocated to the prosecution on the usual terms in Matter No IRC 3397 of 2004.' 'In Matter No IRC 3398 of 2004, APC Socotherm Pty Limited was ordered to pay a penalty of $84,500.' 'A moiety...