SafeWork NSW v DIC Australia Pty Limited [2021] NSWDC 143

SafeWork NSW v DIC Australia Pty Limited [2021] NSWDC 143

DIC Australia had a work health and safety duty and failed to take reasonably practicable measures in relation to its plant and systems of work to eliminate or minimise the obvious and foreseeable risk that workers entering the ink holding tank could be crushed by the anchor blade if the agitator activated. The potential consequences were death or very serious injury, practical measures such as adequate engineering controls, isolation, lock out and tag out, emergency stop mechanisms, completed safety documents and enforcement of a safe work procedure were readily available and not unduly burdensome, and the fatal and serious injuries could have been avoided. Although Buddco's actions...

Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Criminal Work Health and Safety Prosecution / Sentence After Plea of Guilty
Outcome
DIC Australia Pty Limited was convicted and ordered to pay a fine of $450,000 after a 25% reduction for the guilty plea, with prosecution costs of $45,000.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'failure to Comply With Health and Safety Duty' 'risk of Death or Serious Injury' 'confined Space Entry' 'electrical Isolation of Plant' 'lock Out and Tag Out' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'plea of Guilty Discount' 'victim Impact Statement' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'failure to Comply With Health and Safety Duty' 'risk of Death or Serious Injury' 'confined Space Entry' 'electrical Isolation of Plant' 'lock Out and Tag Out' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'plea of Guilty Discount' 'victim Impact Statement' 'prosecution Costs']

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Procedural Posture

Criminal Work Health and Safety Prosecution / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What penalty should be imposed on DIC Australia Pty Limited for failing to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW), thereby exposing workers to a risk of death or serious injury contrary to s 32 of the Act.' "The objective seriousness and culpability of DIC Australia's offending, including the foreseeability of the risk, the seriousness of potential harm, and the availability of reasonably practicable measures to eliminate or minimise the risk." "The relevance of Buddco's involvement to mitigation without making findings about Buddco's culpability." 'The appropriate weight to be given to deterrence, aggravating factors, mitigating factors, remorse, cooperation, absence of prior convictions, prospects of rehabilitation, capacity to pay, the guilty plea, the Victim Impact Statement, and costs.']

Ratio Decidendi

DIC Australia had a work health and safety duty and failed to take reasonably practicable measures in relation to its plant and systems of work to eliminate or minimise the obvious and foreseeable risk that workers entering the ink holding tank could be crushed by the anchor blade if the agitator activated. The potential consequences were death or very serious injury, practical measures such as adequate engineering controls, isolation, lock out and tag out, emergency stop mechanisms, completed safety documents and enforcement of a safe work procedure were readily available and not unduly burdensome, and the fatal and serious injuries could have been avoided. Although Buddco's actions...

Court Disposition

DIC Australia Pty Limited was convicted and ordered to pay a fine of $450,000 after a 25% reduction for the guilty plea, with prosecution costs of $45,000.

Orders

  • ['DIC Australia Pty Limited is convicted.' 'I take into account the Victim Impact Statement of Ms Rachel Tanner.' 'The appropriate fine is $600,000 but that will be reduced by 25% to reflect the plea of guilty.' 'Order DIC Australia Pty Limited to pay a fine of $450,000.' 'Order pursuant to Section 122(2) of the...