SafeWork NSW v Broadspectrum (Australia) Pty Ltd [2018] NSWDC 7

SafeWork NSW v Broadspectrum (Australia) Pty Ltd [2018] NSWDC 7

The defendant failed to comply with its duty under s 19(1) of the Work Health and Safety Act 2011 by not addressing the foreseeable risk of serious injury or death posed by corrosion of the steel storage rack. Despite an extensive safety system, the specific risk concerning the rack was overlooked, and available protective measures were not implemented. The seriousness of the offence warranted a significant penalty, reduced by a 25% discount for the early guilty plea and other mitigating factors.

Jurisdiction
Australia
Judgment Date
02 February 2018
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed
Legal Topics
['sentencing' 'employer Duty of Care' 'risk Assessment' 'workplace Fatality' 'corrosion Protection' 'general and Specific Deterrence']
['criminal Law' 'work Health and Safety'] ['sentencing' 'employer Duty of Care' 'risk Assessment' 'workplace Fatality' 'corrosion Protection' 'general and Specific Deterrence']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the defendant failed to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 resulting in risk of serious injury or death to workers' 'Assessment of objective seriousness and proper penalty for a workplace fatality caused by collapse of a corroded steel storage rack']

Ratio Decidendi

The defendant failed to comply with its duty under s 19(1) of the Work Health and Safety Act 2011 by not addressing the foreseeable risk of serious injury or death posed by corrosion of the steel storage rack. Despite an extensive safety system, the specific risk concerning the rack was overlooked, and available protective measures were not implemented. The seriousness of the offence warranted a significant penalty, reduced by a 25% discount for the early guilty plea and other mitigating factors.

Court Disposition

Conviction and fine imposed

Orders

  • ['The defendant is convicted and fined $240,000 with a moiety to the prosecutor.' "The defendant is to pay the prosecutor's costs in an agreed sum of $51,000."]