Workover Authority of New South Wales (Inspector Lancaster) v Boral Bricks Pty Limited [2003] NSWIRComm 216

Workover Authority of New South Wales (Inspector Lancaster) v Boral Bricks Pty Limited [2003] NSWIRComm 216

Boral Bricks Pty Limited's systemic failure to properly document, assess and review critical workplace safety procedures, including emergency and rescue protocols and confined space requirements, objectively and foreseeably endangered the safety of its employees and others, breaching its duties under s15(1) and s16(1) of the Occupational Health and Safety Act 1983.

Parties
Prosecutor: Inspector Lancaster; Defendant: Boral Bricks Pty Limited
Jurisdiction
Australia
Judgment Date
18 July 2003
Procedural Posture
Prosecution / Sentencing and Judgment
Outcome
Conviction and sentence (fine)
Legal Topics
Employer's Duty of Care, Confined Spaces, Emergency Procedures, Workplace Safety, Risk Assessment, Sentencing – Totality Principle
Occupational Health and Safety Industrial Relations Criminal Law Employer's Duty of Care Confined Spaces Emergency Procedures Workplace Safety Risk Assessment +1 more

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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Inspector Lancaster

Prosecutor

Boral Bricks Pty Limited

Defendant

Procedural Posture

Prosecution / Sentencing and Judgment

Legal Issues

  1. 1 Whether Boral Bricks Pty Limited failed its duty under s15(1) and s16(1) Occupational Health and Safety Act 1983 to ensure health and safety of employees and others by failing to provide proper emergency and rescue procedures, training and instruction, and by not treating pre-heater tunnels as confined spaces.

Ratio Decidendi

Boral Bricks Pty Limited's systemic failure to properly document, assess and review critical workplace safety procedures, including emergency and rescue protocols and confined space requirements, objectively and foreseeably endangered the safety of its employees and others, breaching its duties under s15(1) and s16(1) of the Occupational Health and Safety Act 1983.

Court Disposition

Conviction and sentence (fine)

Orders

  • Defendant convicted in respect of all three offences.
  • Penalty imposed in respect of the three offences: IRC Matter No 8272/01 - $43,333.33; IRC Matter No 8273/01 - $43,333.33; IRC Matter No 8274/01 - $43,333.34.