WorkCover v Ecowize Specialised Hygiene Services P/L [2014] NSWDC 313

WorkCover v Ecowize Specialised Hygiene Services P/L [2014] NSWDC 313

The defendant is criminally liable under s 82 of the Occupational Health and Safety Act 2000 because the risks to Mr Sheridan were not only foreseeable but known and unaddressed despite a prior similar conviction, audit reports and internal memorandums highlighting persistent risks, and ongoing lack of systems to ensure safe practices at the workplace; thus, conviction and a significant fine are warranted for general and individual deterrence.

Jurisdiction
Australia
Judgment Date
09 September 2014
Procedural Posture
Criminal / Sentence
Outcome
The defendant is convicted and fined
Legal Topics
['workplace Safety Offences' 'sentencing' "employer's Duty of Care"]
['occupational Health and Safety' 'criminal Law'] ['workplace Safety Offences' 'sentencing' "employer's Duty of Care"]

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the defendant failed to ensure that a non-employee was not exposed to risks to health and safety arising from its undertaking contrary to s 82 of the Occupational Health and Safety Act 2000']

Ratio Decidendi

The defendant is criminally liable under s 82 of the Occupational Health and Safety Act 2000 because the risks to Mr Sheridan were not only foreseeable but known and unaddressed despite a prior similar conviction, audit reports and internal memorandums highlighting persistent risks, and ongoing lack of systems to ensure safe practices at the workplace; thus, conviction and a significant fine are warranted for general and individual deterrence.

Court Disposition

The defendant is convicted and fined

Orders

  • ['The defendant, Ecowize Specialised Hygiene Services Pty Ltd, is convicted and fined $87,500.' "The defendant is to pay the prosecutor's costs in the sum of $25,000." 'Ecowize City Pty Ltd is convicted but no further penalty or order for costs is made.']