SafeWork NSW v Force Fire & Safety Pty Ltd [2023] NSWDC 217

Procedural Posture

Criminal Prosecution for Offence Under S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty

Legal Issues

1. 1 ['What penalty should be imposed on Force Fire & Safety Pty Ltd for failing to comply with its health and safety duty under s 19(2) of the Work Health and Safety Act 2011 (NSW), thereby exposing Christopher Detroit to a risk of death or serious injury.' 'The objective seriousness of the offence, including the obvious and known risk during unloading of pipes using mobile plant and the reasonably practicable steps available to control that risk.' 'The relevance of general and specific deterrence, aggravating factors, mitigating factors, remorse, rehabilitation, cooperation and the guilty plea discount.']

Ratio Decidendi

Force Fire & Safety Pty Ltd breached its work health and safety duty by failing to implement and enforce adequate exclusion, no-go and driver safety controls during unloading of pipes using mobile plant, thereby exposing Mr Detroit to a risk of death or serious injury. Although the risk was obvious and the death was an aggravating factor, the offender had no prior convictions, pleaded guilty, showed remorse, cooperated, was unlikely to reoffend and made extensive remedial changes, justifying a $400,000 fine reduced by 25% to $300,000.

Court Disposition

Force Fire & Safety Pty Ltd was convicted and fined $300,000.

Orders

• ['Force Fire & Safety Pty Ltd is convicted.' 'I impose a fine of $300,000.' "The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed." 'I order pursuant to s 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor.']