WorkCover v Allworth Constructions Pty Ltd [2014] NSWDC 184

WorkCover v Allworth Constructions Pty Ltd [2014] NSWDC 184

Allworth Constructions Pty Ltd, through its site supervisor, failed to take steps to guard a floor void despite foreseeing the risk, and did not require subcontractors to submit safe work plans, resulting in serious injury to Mr Horsnell. The company is sentenced due to the gravity of harm, foreseeability, practicality of preventative measures, and need for general deterrence.

Jurisdiction
Australia
Judgment Date
27 August 2014
Procedural Posture
Criminal / Sentence
Outcome
Defendant convicted and fined
Legal Topics
["employer's Duty of Care" 'workplace Injury' 'sentencing']
['occupational Health and Safety'] ["employer's Duty of Care" 'workplace Injury' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the defendant failed to ensure that a non-employee was not exposed to health risks under s 8(2) Occupational Health and Safety Act 2000.' 'Appropriate sentence due to breach resulting in serious injury.']

Ratio Decidendi

Allworth Constructions Pty Ltd, through its site supervisor, failed to take steps to guard a floor void despite foreseeing the risk, and did not require subcontractors to submit safe work plans, resulting in serious injury to Mr Horsnell. The company is sentenced due to the gravity of harm, foreseeability, practicality of preventative measures, and need for general deterrence.

Court Disposition

Defendant convicted and fined

Orders

  • ['The defendant is fined $72,375.' 'The defendant is to pay the prosecutor’s costs in the sum of $13,500.' 'A moiety of the penalty is to be given to WorkCover.' 'The defendant is convicted.']