WorkCover Authority of NSW (Inspector Moore) v E & T Bricklaying Pty Ltd [2015] NSWDC 369

WorkCover Authority of NSW (Inspector Moore) v E & T Bricklaying Pty Ltd [2015] NSWDC 369

E & T Bricklaying Pty Ltd, by acceding to the request to undertake the placement of vertical bars at the worksite, incorporated this task into its business or undertaking for the day, and owed Mr Rahimi a duty of care under s 19(1)(a) of the Act. Failure to conduct risk assessment, implement control measures, and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 December 2015
Procedural Posture
Criminal / Trial Judgment
Outcome
defendants E & T Bricklaying Pty Ltd and Eyup Kose found guilty and convicted; matters listed for sentencing.
Legal Topics
['duty of Care Under Work Health and Safety Act' 'safe Work Method Statements' 'risk Assessment Near Power Lines' 'training and Instructions for Workers' 'due Diligence Obligations for Officers']
['work Health and Safety' 'criminal Law'] ['duty of Care Under Work Health and Safety Act' 'safe Work Method Statements' 'risk Assessment Near Power Lines' 'training and Instructions for Workers' 'due Diligence Obligations for Officers']

Source-derived case record

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Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 ['Whether E & T Bricklaying Pty Ltd owed a duty under s 19(1)(a) of the Work Health and Safety Act 2011' 'Whether E & T failed in that duty and exposed Mr Rahimi to a risk of death or serious injury' 'Whether Mr Kose, as an officer, failed to exercise due diligence to ensure E & T complied with its duty' "Whether the placement of vertical rods was part of E & T's business or undertaking"]

Ratio Decidendi

E & T Bricklaying Pty Ltd, by acceding to the request to undertake the placement of vertical bars at the worksite, incorporated this task into its business or undertaking for the day, and owed Mr Rahimi a duty of care under s 19(1)(a) of the Act. Failure to conduct risk assessment, implement control measures, and provide adequate instructions and training, especially given the proximity of scaffolding to overhead power lines within less than four metres, constituted breaches, exposing Rahimi to risk of death or serious injury. Mr Kose, as an officer, failed to exercise due diligence in ensuring E & T’s compliance, as detailed by the steps he did not take.

Court Disposition

defendants E & T Bricklaying Pty Ltd and Eyup Kose found guilty and convicted; matters listed for sentencing.

Orders

  • ['E & T Bricklaying Pty Ltd found guilty of offence charged and convicted accordingly.' 'Eyup Kose found guilty of offence charged and convicted accordingly.' 'List matters for sentence hearing on 24 February 2016 at 10.00am.']