Inspector Estreich v Ceerose Pty Ltd [2011] NSWIRComm 50

Inspector Estreich v Ceerose Pty Ltd [2011] NSWIRComm 50

The defendants were guilty because Ceerose, as principal contractor and employer, failed to ensure that non-employees including Mr Mackie were not exposed to the risk of falling from height, and Mr Doueihi was liable by operation of s 26(1). Although the work on the hoarding was undertaken without the defendants' approval or knowledge and the hoarding was not intended as a workplace, the defendants failed to ensure fall arrest or perimeter protection, failed to instruct and induct the crane crew, failed to supervise so that non-employees did not work at height without fall protection, and failed to prevent plant or equipment being stored and accessed on the unfenced hoarding. The breach...

Jurisdiction
Australia
Judgment Date
20 April 2011
Procedural Posture
Occupational Health and Safety Prosecution / Sentence Following Guilty Pleas Entered During Contested Hearing After Ruling on Charge Validity
Outcome
Ceerose Pty Ltd and Edward Doueihi were found guilty on their pleas of guilty and fined; each was ordered to pay the prosecutor's costs.
Legal Topics
['breach of S 8(2) of the Occupational Health and Safety Act 2000' 'director Liability Under S 26(1) of the Occupational Health and Safety Act 2000' 'fall From Height on Construction Site' 'failure to Provide Fall Protection, Induction and Supervision' 'guilty Plea Discount' 'general and Specific Deterrence']
['occupational Health and Safety' 'industrial Law' 'criminal Sentencing'] ['breach of S 8(2) of the Occupational Health and Safety Act 2000' 'director Liability Under S 26(1) of the Occupational Health and Safety Act 2000' 'fall From Height on Construction Site' 'failure to Provide Fall Protection, Induction and Supervision' 'guilty Plea Discount' 'general and Specific Deterrence']

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

Occupational Health and Safety Prosecution / Sentence Following Guilty Pleas Entered During Contested Hearing After Ruling on Charge Validity

Legal Issues

  1. 1 ['Whether the statements of charge validly alleged offences under s 8(2) of the Occupational Health and Safety Act 2000 despite the use of the word "control" in the particulars.' 'Whether Ceerose Pty Ltd failed to ensure that non-employees were not exposed to the risk of falling from height arising from the conduct of its undertaking at its place of work.' 'Whether Edward Doueihi was liable by operation of s 26(1) for the s 8(2) breach.' 'What penalties should be imposed having regard to the seriousness of the breach, deterrence, the timing of the guilty pleas, prior record and remedial steps.']

Ratio Decidendi

The defendants were guilty because Ceerose, as principal contractor and employer, failed to ensure that non-employees including Mr Mackie were not exposed to the risk of falling from height, and Mr Doueihi was liable by operation of s 26(1). Although the work on the hoarding was undertaken without the defendants' approval or knowledge and the hoarding was not intended as a workplace, the defendants failed to ensure fall arrest or perimeter protection, failed to instruct and induct the crane crew, failed to supervise so that non-employees did not work at height without fall protection, and failed to prevent plant or equipment being stored and accessed on the unfenced hoarding. The breach...

Court Disposition

Ceerose Pty Ltd and Edward Doueihi were found guilty on their pleas of guilty and fined; each was ordered to pay the prosecutor's costs.

Orders

  • ['In relation to Matter No IRC 452 of 2010, the defendant, Ceerose Pty Ltd, is found guilty of a breach of s 8(2) of the Occupational Health and Safety Act 2000 as particularised in Matter IRC 452 of 2010 to which the defendant has entered a plea of guilty.' 'Ceerose Pty Ltd is fined the sum of $90,000 with half...