Inspector Robert Mayell v D J Gleeson Pty Ltd [2006] NSWIRComm 217

Inspector Robert Mayell v D J Gleeson Pty Ltd [2006] NSWIRComm 217

The defendant failed to implement or adjust the safe system of work after scaffolding failed to arrive, resulting in exposure of a subcontractor to foreseeable risk of injury from working at height, constituting a serious breach of s8(2) of the Occupational Health and Safety Act 2000. Despite mitigating factors (guilty plea, no prior convictions, financial strain, contrition), the objective seriousness and need for deterrence necessitate a substantial penalty.

Parties
Prosecutor: Inspector Robert Mayell; Defendant: D J Gleeson Pty Ltd
Jurisdiction
Australia
Judgment Date
07 July 2006
Procedural Posture
Prosecution / Judgment and Sentencing
Outcome
Guilty; fine imposed
Legal Topics
Breach of OHS Duty to Non Employees, Sentencing Principles, Workplace Risk Assessment, Safe System of Work, Penalty Determination
Occupational Health and Safety Industrial Law Criminal Law Breach of OHS Duty to Non Employees Sentencing Principles Workplace Risk Assessment Safe System of Work Penalty Determination

Case Brief

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Parties

Inspector Robert Mayell

Prosecutor

D J Gleeson Pty Ltd

Defendant

Procedural Posture

Prosecution / Judgment and Sentencing

Legal Issues

  1. 1 Did the defendant breach s8(2) of the Occupational Health and Safety Act 2000 by failing to ensure persons not in its employment were not exposed to safety risks?
  2. 2 What is the appropriate penalty for the breach in light of mitigating and aggravating factors?

Ratio Decidendi

The defendant failed to implement or adjust the safe system of work after scaffolding failed to arrive, resulting in exposure of a subcontractor to foreseeable risk of injury from working at height, constituting a serious breach of s8(2) of the Occupational Health and Safety Act 2000. Despite mitigating factors (guilty plea, no prior convictions, financial strain, contrition), the objective seriousness and need for deterrence necessitate a substantial penalty.

Court Disposition

Guilty; fine imposed

Orders

  • The defendant is found guilty.
  • The defendant is fined $30,000.00 with a moiety to the WorkCover Authority.