SafeWork NSW v CPB Contractors Pty Limited [2021] NSWDC 376

SafeWork NSW v CPB Contractors Pty Limited [2021] NSWDC 376

CPB Contractors Pty Limited breached its duty under s 19(1) of the Work Health and Safety Act 2011 by inadequately monitoring and coordinating the safety measures of subcontractors conducting hydrostatic pressure testing, resulting in serious injury to a worker. The nature and consequence of the incident, the offender's systems, remorse, remedial actions, and plea of guilty informed the fine imposed.

Jurisdiction
Australia
Judgment Date
03 August 2021
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and fine imposed
Legal Topics
['health and Safety Duty' "employer's Duty" 'prosecution' 'sentencing Principles' 'objective Seriousness' 'deterrence' 'aggravating Factors' 'mitigating Factors']
['criminal Law' 'work Health and Safety'] ['health and Safety Duty' "employer's Duty" 'prosecution' 'sentencing Principles' 'objective Seriousness' 'deterrence' 'aggravating Factors' 'mitigating Factors']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether CPB Contractors Pty Limited failed to comply with its health and safety duty under s 19(1) Work Health and Safety Act 2011, thereby exposing a worker to a risk of death or serious injury' 'Appropriate penalty for breach of health and safety duty resulting in serious injury']

Ratio Decidendi

CPB Contractors Pty Limited breached its duty under s 19(1) of the Work Health and Safety Act 2011 by inadequately monitoring and coordinating the safety measures of subcontractors conducting hydrostatic pressure testing, resulting in serious injury to a worker. The nature and consequence of the incident, the offender's systems, remorse, remedial actions, and plea of guilty informed the fine imposed.

Court Disposition

Conviction and fine imposed

Orders

  • ['CPB Contractors Pty Ltd is convicted.' 'A fine of $85,000 is imposed.' "The offender is to pay prosecutor's costs of the proceedings, as agreed or assessed." 'Pursuant to s 122(2) Fines Act 1996, 50% of the fine is to be paid to the prosecutor.']