Inspector Jones v JT & LC Tippett Pty Ltd and Anor [2007] NSWIRComm 26

Inspector Jones v JT & LC Tippett Pty Ltd and Anor [2007] NSWIRComm 26

Both defendants failed to provide and maintain a safe system of work and adequate instructions for cleaning the rollers of the Grimme Windrower, and failed to provide an adequate system of isolating the machinery during cleaning, thereby exposing Mr Butcher to a risk of injury, contrary to s 8(1) of the Occupational Health and Safety Act 2000. The lack of an interlocking guard was not a breach due to the defence under s 28, but omissions regarding instructions and supervision were not excused by the defendants under s 28. The charge relating to failure to adequately guard the rollers was not proven.

Jurisdiction
Australia
Judgment Date
14 February 2007
Procedural Posture
Criminal Prosecution / Liability Judgment
Outcome
Defendants found guilty of the offences under s 8(1) of the Occupational Health and Safety Act 2000; matters set down for sentence directions hearing.
Legal Topics
['employer Obligations' 'safe System of Work' 'workplace Injury' 'adequate Instructions' 'isolation Procedures' 'guarding of Machinery' 'defences Under OHS Legislation']
['occupational Health and Safety' 'criminal Law'] ['employer Obligations' 'safe System of Work' 'workplace Injury' 'adequate Instructions' 'isolation Procedures' 'guarding of Machinery' 'defences Under OHS Legislation']

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Procedural Posture

Criminal Prosecution / Liability Judgment

Legal Issues

  1. 1 ['Whether the defendants failed to ensure the health, safety and welfare at work of employees, in particular Mr Butcher, contrary to s 8(1) of the Occupational Health and Safety Act 2000.' 'Whether the defendants failed to provide and maintain a safe system of work for cleaning the rollers of the Grimme Windrower harvester.' 'Whether the defendants failed to provide an adequate system of isolating the plant while cleaning the rollers.' 'Whether the defendants failed to ensure that the rollers were adequately guarded.' 'Whether the defendants could rely on the defences under s 28 of the Act.']

Ratio Decidendi

Both defendants failed to provide and maintain a safe system of work and adequate instructions for cleaning the rollers of the Grimme Windrower, and failed to provide an adequate system of isolating the machinery during cleaning, thereby exposing Mr Butcher to a risk of injury, contrary to s 8(1) of the Occupational Health and Safety Act 2000. The lack of an interlocking guard was not a breach due to the defence under s 28, but omissions regarding instructions and supervision were not excused by the defendants under s 28. The charge relating to failure to adequately guard the rollers was not proven.

Court Disposition

Defendants found guilty of the offences under s 8(1) of the Occupational Health and Safety Act 2000; matters set down for sentence directions hearing.

Orders

  • ['In Matter No IRC 2587 of 2005 the defendant, JT & LC Tippett Pty Ltd is found guilty of the offence.' 'In Matter No IRC 2588 of 2005 the defendant, RD & LF Tippett Pty Ltd is found guilty of the offence.' 'Both matters are set down for a directions hearing at 10.00am on Friday, 16 February 2007 for the purpose of...