Inspector Connolly v Clark t/as A D Clark and Company [2005] NSWIRComm 268

Inspector Connolly v Clark t/as A D Clark and Company [2005] NSWIRComm 268

The defendant failed to provide a safe system of work, failed to undertake a proper risk assessment, and failed to ensure adequate fall protection, thereby exposing subcontractor Boric to foreseeable and known health and safety risks, constituting a breach of s 9 of the Occupational Health and Safety Act 2000.

Parties
Prosecutor: Inspector Michael Connolly; Defendant: David Daniel Clark t/as A D Clark and Company
Jurisdiction
Australia
Judgment Date
29 July 2005
Procedural Posture
Criminal Prosecution / Judgment
Outcome
conviction and penalty imposed
Legal Topics
Prosecution Under Occupational Health and Safety Act 2000, Duties of Self Employed Persons, Risk Assessment, Safe Systems of Work, General and Specific Deterrence, Penalty Assessment, Construction Industry Safety
Occupational Health and Safety Industrial Law Prosecution Under Occupational Health and Safety Act 2000 Duties of Self Employed Persons Risk Assessment Safe Systems of Work General and Specific Deterrence Penalty Assessment +1 more

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Parties

Inspector Michael Connolly

Prosecutor

David Daniel Clark t/as A D Clark and Company

Defendant

Procedural Posture

Criminal Prosecution / Judgment

Legal Issues

  1. 1 Whether the defendant failed to provide a safe system of work for subcontractor Boric while working at height
  2. 2 Whether the defendant failed to undertake risk assessment for roofing work
  3. 3 Whether it was impracticable to erect scaffolding in certain areas

Ratio Decidendi

The defendant failed to provide a safe system of work, failed to undertake a proper risk assessment, and failed to ensure adequate fall protection, thereby exposing subcontractor Boric to foreseeable and known health and safety risks, constituting a breach of s 9 of the Occupational Health and Safety Act 2000.

Court Disposition

conviction and penalty imposed

Orders

  • The offence is proven and a verdict of guilty is entered.
  • The defendant is convicted of the offence as charged.