Inspector Ching v Bros Bins Systems Pty Ltd [2009] NSWIRComm 154

Inspector Ching v Bros Bins Systems Pty Ltd [2009] NSWIRComm 154

The defendant, being in control of the plant (truck), failed to ensure it was safe and without risk to health to persons repairing it, by failing to provide a safety prop, failing to label control levers, failing to install a secure safety mechanism on the hooks lever, and failing to instruct or supervise workers, and could not establish a statutory defence under s 53. Liability under s 17(1)(b) is not based on ownership, but control, and risks could reasonably have been addressed.

Parties
Prosecutor: Inspector Barnabas Ching; Defendant: Bros Bins Systems Pty Ltd
Jurisdiction
Australia
Judgment Date
30 September 2009
Procedural Posture
Criminal / Appeal and Final Judgment
Outcome
defendant found guilty
Legal Topics
Liability for Workplace Safety, Control of Plant, Duty to Provide Safe Systems, Labeling and Safety Mechanisms, Defences Under Safety Legislation
Occupational Health and Safety Industrial Law Liability for Workplace Safety Control of Plant Duty to Provide Safe Systems Labeling and Safety Mechanisms Defences Under Safety Legislation

Case Brief

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Parties

Inspector Barnabas Ching

Prosecutor

Bros Bins Systems Pty Ltd

Defendant

Procedural Posture

Criminal / Appeal and Final Judgment

Legal Issues

  1. 1 Whether the defendant failed to ensure the plant was safe and without risk to health as required by s 17(1)(b) of the Occupational Health and Safety Act 1983
  2. 2 Whether the defendant had control of the truck relevant to the offence
  3. 3 Whether the defendant failed to provide adequate safety props or mechanisms

Ratio Decidendi

The defendant, being in control of the plant (truck), failed to ensure it was safe and without risk to health to persons repairing it, by failing to provide a safety prop, failing to label control levers, failing to install a secure safety mechanism on the hooks lever, and failing to instruct or supervise workers, and could not establish a statutory defence under s 53. Liability under s 17(1)(b) is not based on ownership, but control, and risks could reasonably have been addressed.

Court Disposition

defendant found guilty

Orders

  • Bros Bins Systems Pty Ltd is found guilty of the charge brought against it.