SafeWork NSW v QSR Pty Ltd [2019] NSWDC 67

SafeWork NSW v QSR Pty Ltd [2019] NSWDC 67

QSR Pty Ltd was convicted under s 32 of the Work Health and Safety Act 2011 for failing to ensure, so far as was reasonably practicable, the health and safety of its workers by not implementing and enforcing a safe system of work for cleaning HVAC system components, failing to provide adequate training and supervision, resulting in a serious and foreseeable risk of injury that manifested in the significant injuries to Jake Colgan. The objective seriousness of the offence, balanced with mitigating factors including guilty plea, cooperation, remedial action, and lack of prior convictions, justified a fine of $60,000 after a 25% reduction for plea of guilty.

Parties
Prosecutor: SafeWork New South Wales; Offender: QSR Pty Ltd
Jurisdiction
Australia
Judgment Date
22 March 2019
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed
Legal Topics
Workplace Injury, Sentencing Principles, General Deterrence, Specific Deterrence, Employer Obligations, Prosecution Costs
Work Health and Safety Criminal Law Workplace Injury Sentencing Principles General Deterrence Specific Deterrence Employer Obligations Prosecution Costs

Case Brief

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Parties

SafeWork New South Wales

Prosecutor

QSR Pty Ltd

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether QSR Pty Ltd breached its workplace health and safety duty under s 19(1) of the Work Health and Safety Act 2011
  2. 2 Whether the breach exposed workers, in particular Jake Colgan, to a risk of death or serious injury contrary to s 32 of the Work Health and Safety Act 2011
  3. 3 Determination of the appropriate penalty and consideration of mitigating and aggravating factors

Ratio Decidendi

QSR Pty Ltd was convicted under s 32 of the Work Health and Safety Act 2011 for failing to ensure, so far as was reasonably practicable, the health and safety of its workers by not implementing and enforcing a safe system of work for cleaning HVAC system components, failing to provide adequate training and supervision, resulting in a serious and foreseeable risk of injury that manifested in the significant injuries to Jake Colgan. The objective seriousness of the offence, balanced with mitigating factors including guilty plea, cooperation, remedial action, and lack of prior convictions, justified a fine of $60,000 after a 25% reduction for plea of guilty.

Court Disposition

Conviction and fine imposed

Orders

  • The offender is convicted.
  • A fine of $80,000 is appropriate but reduced by 25% to reflect a plea of guilty.