Inspector John Sharpin v Buildcorp Australia Pty Ltd [2005] NSWIRComm 372

Inspector John Sharpin v Buildcorp Australia Pty Ltd [2005] NSWIRComm 372

Buildcorp, as construction manager, was found guilty under s 8(2) for not ensuring persons in the neighbouring building were not exposed to risks when concrete panels were suspended above occupied premises without notification, despite significant safety systems and the low practical risk of a load falling. The duty required practical steps such as warning and co-ordination to avoid risk, even where risk was low.

Jurisdiction
Australia
Judgment Date
19 October 2005
Procedural Posture
Prosecution Under the Occupational Health and Safety Act 2000 / Judgment on Penalty and Orders Following Guilty Plea
Outcome
Defendant found guilty on the charge under s 8(2) of the Occupational Health and Safety Act 2000 as particularised and to which a plea of guilty was entered
Legal Topics
['risk to Non Employees' 'construction Site Safety' "employer's Duty of Care" 'penalties and Sentencing' 'control of Worksites']
['occupational Health and Safety' 'industrial Law'] ['risk to Non Employees' 'construction Site Safety' "employer's Duty of Care" 'penalties and Sentencing' 'control of Worksites']

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Procedural Posture

Prosecution Under the Occupational Health and Safety Act 2000 / Judgment on Penalty and Orders Following Guilty Plea

Legal Issues

  1. 1 ['Whether Buildcorp Australia Pty Ltd failed to ensure persons not in its employment were not exposed to health and safety risks arising from its undertaking as required by s 8(2) of the Occupational Health and Safety Act 2000' 'Objective seriousness of the breach and the appropriate penalty']

Ratio Decidendi

Buildcorp, as construction manager, was found guilty under s 8(2) for not ensuring persons in the neighbouring building were not exposed to risks when concrete panels were suspended above occupied premises without notification, despite significant safety systems and the low practical risk of a load falling. The duty required practical steps such as warning and co-ordination to avoid risk, even where risk was low.

Court Disposition

Defendant found guilty on the charge under s 8(2) of the Occupational Health and Safety Act 2000 as particularised and to which a plea of guilty was entered

Orders

  • ['Defendant fined $110,000, with half to be paid to the prosecutor' "Defendant to pay prosecutor's costs as agreed or as determined by the Court"]