WorkCover v Everwilling Cranes Pty Ltd [2014] NSWDC 379

WorkCover v Everwilling Cranes Pty Ltd [2014] NSWDC 379

The defendant is criminally responsible under s 8(2) of the Occupational Health & Safety Act 2000 for failing, by omission, to ensure non-employees were not exposed to risks to health and safety arising from its operations; although management's personal culpability was low due to incomplete information, the company is liable due to failure to make adequate enquiry regarding risks inherent in the work.

Parties
Prosecutor: WorkCover Authority of New South Wales; Defendant: Everwilling Cranes Pty Ltd
Jurisdiction
Australia
Judgment Date
07 October 2014
Procedural Posture
Criminal / Sentence
Outcome
Conviction and sentence
Legal Topics
Workplace Safety, Exposure of Non Employees to Risks, Prosecution for Breaches of Occupational Health and Safety Act, Corporate Criminal Liability, Sentencing, Prosecution Costs
Criminal Law Work Health and Safety Workplace Safety Exposure of Non Employees to Risks Prosecution for Breaches of Occupational Health and Safety Act Corporate Criminal Liability Sentencing Prosecution Costs

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Parties

WorkCover Authority of New South Wales

Prosecutor

Everwilling Cranes Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the defendant failed to ensure persons not in its employment were not exposed to health and safety risks under s 8(2) of the Occupational Health & Safety Act 2000
  2. 2 Determination of objective seriousness and culpability in sentencing

Ratio Decidendi

The defendant is criminally responsible under s 8(2) of the Occupational Health & Safety Act 2000 for failing, by omission, to ensure non-employees were not exposed to risks to health and safety arising from its operations; although management's personal culpability was low due to incomplete information, the company is liable due to failure to make adequate enquiry regarding risks inherent in the work.

Court Disposition

Conviction and sentence

Orders

  • The defendant is convicted and fined $90,000.
  • WorkCover to have a moiety of the fine.