Inspector De Silva v Boral Construction Materials Group Ltd [2007] NSWIRComm 43

Inspector De Silva v Boral Construction Materials Group Ltd [2007] NSWIRComm 43

Both defendants failed to ensure that a safe system of work was in place for cleaning concrete trucks, specifically by allowing employees discretion to reach into the barrel with cleaning equipment while working alone, without adequate risk assessment or supervision. Although internal de-dagging had been outsourced, external de-dagging still posed a risk which was not properly assessed or controlled. The risk of being drawn into the barrel was not obvious, but a proper risk assessment would have identified it. Both defendants pleaded guilty and had good corporate records, but the seriousness of the incident and avoidable risk warranted conviction and penalty for deterrence and...

Parties
Prosecutor: Inspector Prasad De Silva; First Defendant: Boral Construction Materials Group Ltd; Second Defendant: Boral Resources (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
01 March 2007
Procedural Posture
Prosecution / Sentence
Outcome
Guilty verdicts entered, convictions recorded, monetary penalties imposed, costs ordered
Legal Topics
Employer Duties, Safety Procedures, Risk Assessment, Penalties, General Deterrence, Specific Deterrence, Corporate Culpability
Occupational Health and Safety Criminal Law Employer Duties Safety Procedures Risk Assessment Penalties General Deterrence Specific Deterrence +1 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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Inspector Prasad De Silva

Prosecutor

Boral Construction Materials Group Ltd

First Defendant

Boral Resources (NSW) Pty Ltd

Second Defendant

Procedural Posture

Prosecution / Sentence

Legal Issues

  1. 1 Whether the defendants failed to ensure employee health and safety under s 8(1) and s 10(2) of the Occupational Health & Safety Act 2000
  2. 2 Whether systems of work and equipment provided were safe and without risks to health
  3. 3 Whether appropriate training, instruction and supervision were provided

Ratio Decidendi

Both defendants failed to ensure that a safe system of work was in place for cleaning concrete trucks, specifically by allowing employees discretion to reach into the barrel with cleaning equipment while working alone, without adequate risk assessment or supervision. Although internal de-dagging had been outsourced, external de-dagging still posed a risk which was not properly assessed or controlled. The risk of being drawn into the barrel was not obvious, but a proper risk assessment would have identified it. Both defendants pleaded guilty and had good corporate records, but the seriousness of the incident and avoidable risk warranted conviction and penalty for deterrence and...

Court Disposition

Guilty verdicts entered, convictions recorded, monetary penalties imposed, costs ordered

Orders

  • First defendant (Boral Construction Materials Group Ltd): offence proven, guilty verdict, convicted, fined $50,000, pay prosecutor's costs as agreed or assessed.
  • Second defendant (Boral Resources (NSW) Pty Ltd): offence proven, guilty verdict, convicted, fined $50,000, pay prosecutor's costs as agreed or assessed.