SafeWork NSW v Canon Roofing Solutions Pty Ltd [2023] NSWDC 467

SafeWork NSW v Canon Roofing Solutions Pty Ltd [2023] NSWDC 467

Canon, as a PCBU, failed to comply with its non-delegable work health and safety duty by not undertaking an adequate site-specific risk assessment for the rear awning roof, not updating and enforcing an adequate SWMS, not providing adequate information, training and instruction, and not verifying fall prevention measures. The risk of a seven-metre fall causing death or serious injury was foreseeable, highly likely once a roof sheet was unsecured, and reducible by simple reasonably practicable steps with no particular burden. Canon's culpability was in the mid range. Its lack of income did not justify reducing the fine because the court found it was the result of a voluntary and tactical...

Jurisdiction
Australia
Judgment Date
03 November 2023
Procedural Posture
Criminal Prosecution for Work Health and Safety Offence Contrary to S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty
Outcome
Canon Roofing Solutions Pty Ltd was convicted and fined $300,000 after a 25% discount for an early guilty plea, with 50% of the fine to be paid to the prosecutor and an order to pay the prosecutor's costs.
Legal Topics
['pcbu Work Health and Safety Duty' 'risk of Death or Serious Injury' 'falls From Heights' 'safe Work Method Statement' 'site Specific Risk Assessment' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['pcbu Work Health and Safety Duty' 'risk of Death or Serious Injury' 'falls From Heights' 'safe Work Method Statement' 'site Specific Risk Assessment' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'prosecution Costs']

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 for Work Health and Safety Offence Contrary to S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What penalty should be imposed on Canon Roofing Solutions Pty Ltd for failing to comply with its work health and safety duty and exposing Mr Irwin to a risk of death or serious injury.' "Whether Canon's culpability was affected by its failure to undertake an adequate site-specific risk assessment, develop and enforce an adequate Safe Work Method Statement, provide information, training and instruction, and verify fall prevention measures." "Whether Canon's asserted reduced capacity to pay justified reducing the fine." 'Whether costs and an order that part of the fine be paid to the prosecutor should be made.']

Ratio Decidendi

Canon, as a PCBU, failed to comply with its non-delegable work health and safety duty by not undertaking an adequate site-specific risk assessment for the rear awning roof, not updating and enforcing an adequate SWMS, not providing adequate information, training and instruction, and not verifying fall prevention measures. The risk of a seven-metre fall causing death or serious injury was foreseeable, highly likely once a roof sheet was unsecured, and reducible by simple reasonably practicable steps with no particular burden. Canon's culpability was in the mid range. Its lack of income did not justify reducing the fine because the court found it was the result of a voluntary and tactical...

Court Disposition

Canon Roofing Solutions Pty Ltd was convicted and fined $300,000 after a 25% discount for an early guilty plea, with 50% of the fine to be paid to the prosecutor and an order to pay the prosecutor's costs.

Orders

  • ['Canon Roofing Solutions Pty Ltd is convicted.' 'The appropriate fine is $400,000 but that will be reduced by 25% to reflect the early plea of guilty.' 'Order Canon Roofing Solutions Pty Ltd to pay a fine of $300,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid...