SafeWork NSW v Dial-A-Dump (EC) Pty Ltd [2023] NSWDC 260

SafeWork NSW v Dial-A-Dump (EC) Pty Ltd [2023] NSWDC 260

Dial-A-Dump (EC) Pty Ltd was convicted because it failed to develop, implement and enforce a system of work that adequately protected workers (spotters) from the risk of being impacted by mobile plant and machinery while on foot in the landfill area, and failed to require machine operators to conduct secondary waste inspections and to prohibit simultaneous operation of plant while workers were on foot; these failings exposed workers to a risk of death or serious injury in breach of s 32 of the Work Health and Safety Act 2011 (NSW).

Parties
Prosecutor: SafeWork NSW; Defendant: Dial-A-Dump (EC) Pty Ltd
Jurisdiction
Australia
Judgment Date
18 July 2023
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed
Legal Topics
Duty of Persons Undertaking Business, Duty of Employers, Risk of Death or Serious Injury, Sentencing Objective Seriousness, Deterrence, Aggravating Factors, Mitigating Factors, Appropriate Penalty, No Record of Previous Convictions, Good Prospects of Rehabilitation, Remorse, Plea of Guilty, Assistance to Law Enforcement Authorities
Criminal Law Work Health and Safety Duty of Persons Undertaking Business Duty of Employers Risk of Death or Serious Injury Sentencing Objective Seriousness Deterrence Aggravating Factors +7 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

SafeWork NSW

Prosecutor

Dial-A-Dump (EC) Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Dial-A-Dump (EC) Pty Ltd breached its work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) thereby exposing workers to risk of death or serious injury
  2. 2 Appropriate penalty in light of objective seriousness, deterrence, aggravating and mitigating factors

Ratio Decidendi

Dial-A-Dump (EC) Pty Ltd was convicted because it failed to develop, implement and enforce a system of work that adequately protected workers (spotters) from the risk of being impacted by mobile plant and machinery while on foot in the landfill area, and failed to require machine operators to conduct secondary waste inspections and to prohibit simultaneous operation of plant while workers were on foot; these failings exposed workers to a risk of death or serious injury in breach of s 32 of the Work Health and Safety Act 2011 (NSW).

Court Disposition

Conviction and fine imposed

Orders

  • Dial-A-Dump (EC) Pty Ltd is convicted.
  • A fine of $255,000 is imposed.