SafeWork NSW v BlueScope Steel (AIS) Pty Limited [2022] NSWDC 195

SafeWork NSW v BlueScope Steel (AIS) Pty Limited [2022] NSWDC 195

BlueScope failed to comply with its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by not adequately identifying and controlling the risk of workers falling into an unguarded void, which was foreseeable and prevented by available measures. The objective seriousness of the offence lies in the clear, known risk, the availability of simple control measures, and the severe harm that materialised. A significant penalty is warranted for deterrence, applying a 25% discount for the utilitarian value of the plea of guilty.

Jurisdiction
Australia
Judgment Date
07 June 2022
Procedural Posture
Criminal Prosecution / Sentence
Outcome
Defendant convicted and fined
Legal Topics
['prosecution' 'work Health and Safety' 'duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'sentence' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'previous Convictions' 'appropriate Sentence']
['criminal Law' 'work Health and Safety Law'] ['prosecution' 'work Health and Safety' 'duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'sentence' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'previous Convictions' 'appropriate Sentence']

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

Criminal Prosecution / Sentence

Legal Issues

  1. 1 ['Whether the defendant failed to comply with its work health and safety duty pursuant to s 19(1) of the Work Health and Safety Act 2011 (NSW) resulting in risk of death or serious injury' 'What is the appropriate penalty (sentence) for the offending']

Ratio Decidendi

BlueScope failed to comply with its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by not adequately identifying and controlling the risk of workers falling into an unguarded void, which was foreseeable and prevented by available measures. The objective seriousness of the offence lies in the clear, known risk, the availability of simple control measures, and the severe harm that materialised. A significant penalty is warranted for deterrence, applying a 25% discount for the utilitarian value of the plea of guilty.

Court Disposition

Defendant convicted and fined

Orders

  • ['The defendant is convicted.' 'The appropriate fine is $400,000.00 and that will be reduced by 25% for the utilitarian value of the plea.' 'BlueScope to pay a fine in the sum of $300,000.00.' '50% of the fine imposed is to be paid to the prosecutor, pursuant to s133(2) of the Fines Act 1996 (NSW).' "The defendant...