SafeWork NSW v Central Coast Metal Protectives Pty Ltd [2018] NSWDC 167

SafeWork NSW v Central Coast Metal Protectives Pty Ltd [2018] NSWDC 167

Central Coast Metal Protectives Pty Ltd, by failing to conduct risk assessments, provide adequate training and supervision, and ensure proper safety procedures for confined space work, breached its health and safety duty under the Work Health and Safety Act 2011, exposing employees to foreseeable risk of serious injury or death. The appropriate penalty is a conviction, a fine (discounted for an early plea of guilty), and an order to pay prosecution costs.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Criminal / Sentence
Outcome
The defendant is convicted and fined. Orders made for costs.
Legal Topics
['sentencing' 'workplace Safety' 'employer Obligations' 'general Deterrence' 'specific Deterrence' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'prosecution Costs']
['criminal Law' 'work Health and Safety'] ['sentencing' 'workplace Safety' 'employer Obligations' 'general Deterrence' 'specific Deterrence' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'prosecution Costs']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Central Coast Metal Protectives Pty Ltd breached its health and safety duty under s 19 of the Work Health and Safety Act 2011 by exposing workers to risk of death or serious injury or illness contrary to s 32 of the Act.' 'Appropriate sentence and penalty for breach of Work Health and Safety legislation.']

Ratio Decidendi

Central Coast Metal Protectives Pty Ltd, by failing to conduct risk assessments, provide adequate training and supervision, and ensure proper safety procedures for confined space work, breached its health and safety duty under the Work Health and Safety Act 2011, exposing employees to foreseeable risk of serious injury or death. The appropriate penalty is a conviction, a fine (discounted for an early plea of guilty), and an order to pay prosecution costs.

Court Disposition

The defendant is convicted and fined. Orders made for costs.

Orders

  • ['The defendant is convicted.' 'The appropriate fine is $60,000 but reduced by 25% to $45,000 to reflect the plea of guilty.' 'Pursuant to s 122(2) of the Fines Act 1996, 50% of the fine is to be paid to the prosecutor.' "The defendant is to pay the prosecutor's costs in the agreed sum of $26,500."]