Inspector Paul Jorgensen v Christopher John O'Keeffe and CJ & SJ O'Keeffe Building Pty Ltd [2004] NSWIRComm 397

Inspector Paul Jorgensen v Christopher John O'Keeffe and CJ & SJ O'Keeffe Building Pty Ltd [2004] NSWIRComm 397

The footpath and immediate environs outside the construction site constituted part of the employer's place of work. The defendants, in control of site access and egress, failed to adequately identify, assess and control risks to the safety of pedestrians and vehicular traffic caused by heavy trucks entering and leaving the site. Reasonable practicable measures, such as the use of flagmen and warning signs, were available but not implemented. The defendants' system was inadequate and contravened s 16(1) of the Act. No s 53 defences were made out.

Parties
Prosecutor: Inspector Paul Jorgensen; Defendant: Christopher John O'Keeffe; Defendant: CJ & SJ O'Keeffe Building Pty Ltd
Jurisdiction
Australia
Judgment Date
17 December 2004
Procedural Posture
Prosecution Under Occupational Health and Safety Act 1983 / Judgment (principal Judgment)
Outcome
Defendants found guilty.
Legal Topics
Employer Obligations, Workplace Safety, Safe System of Work, Traffic Management in Construction, Place of Work Definition
Occupational Health and Safety Industrial Law Employer Obligations Workplace Safety Safe System of Work Traffic Management in Construction Place of Work Definition

Case Brief

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Parties

Inspector Paul Jorgensen

Prosecutor

Christopher John O'Keeffe

Defendant

CJ & SJ O'Keeffe Building Pty Ltd

Defendant

Procedural Posture

Prosecution Under Occupational Health and Safety Act 1983 / Judgment (principal Judgment)

Legal Issues

  1. 1 Whether the footpath and vicinity of laneway outside construction site was the employer's place of work under s 16(1) Occupational Health and Safety Act 1983
  2. 2 Whether the defendants failed to ensure that persons not in their employment were not exposed to risks to health or safety arising from the conduct of the employer's undertaking in relation to movement of trucks
  3. 3 Whether any s 53 defences applied (reasonably practicable to comply, events beyond control etc)

Ratio Decidendi

The footpath and immediate environs outside the construction site constituted part of the employer's place of work. The defendants, in control of site access and egress, failed to adequately identify, assess and control risks to the safety of pedestrians and vehicular traffic caused by heavy trucks entering and leaving the site. Reasonable practicable measures, such as the use of flagmen and warning signs, were available but not implemented. The defendants' system was inadequate and contravened s 16(1) of the Act. No s 53 defences were made out.

Court Disposition

Defendants found guilty.