Inspector Green v Barclay Mowlem Construction [2003] NSWIRComm 197

Inspector Green v Barclay Mowlem Construction [2003] NSWIRComm 197

The defendant, as principal contractor, had a duty to supervise, train and enforce safe work practices. It failed to prohibit workers riding the platform, did not act on manufacturer safety recommendations, provided defective communication equipment, and did not ensure safe operation of the Climbtrac system,...

Source-derived case information.

Parties
Prosecutor: Inspector Ritchie Green; Defendant: Barclay Mowlem Construction Pty Ltd
Jurisdiction
Australia
Judgment Date
23 June 2003
Procedural Posture
Prosecution / Sentence
Outcome
guilty
Legal Topics
Employer Duty of Care, Construction Site Safety, Safe Work Method Statements, Penalties for Breach, Supervision and Training Responsibilities
Occupational Health and Safety Industrial Law Employer Duty of Care Construction Site Safety Safe Work Method Statements Penalties for Breach Supervision and Training Responsibilities

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Summary, issues, holding and outcome

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Parties

Inspector Ritchie Green

Prosecutor

Barclay Mowlem Construction Pty Ltd

Defendant

Procedural Posture

Prosecution / Sentence

Legal Issues

  1. 1 whether the defendant failed to ensure health and safety of persons not in its employ contrary to s 16(1) of the Occupational Health and Safety Act 1983
  2. 2 whether the failure to supervise, train and enforce safe work methods contributed to the injury

Ratio Decidendi

The defendant, as principal contractor, had a duty to supervise, train and enforce safe work practices. It failed to prohibit workers riding the platform, did not act on manufacturer safety recommendations, provided defective communication equipment, and did not ensure safe operation of the Climbtrac system, breaching s 16(1) of the Occupational Health and Safety Act 1983.

Court Disposition

guilty

Orders

  • The offence is proven and a verdict of guilty is entered.
  • The defendant is convicted of the offence as charged.