Ins Richard Mulder v Girotto Precast Pty Ltd. Prosecution under s 8(2) of the OH&S Act 2000 and Ins Richard Mulder v Giuseppe Girotto. Prosecution pursuant to s 26(1) and s 8(2) of the OH&S Act 2000 [2008] NSWIRComm 94

Ins Richard Mulder v Girotto Precast Pty Ltd. Prosecution under s 8(2) of the OH&S Act 2000 and Ins Richard Mulder v Giuseppe Girotto. Prosecution pursuant to s 26(1) and s 8(2) of the OH&S Act 2000 [2008] NSWIRComm 94

Girotto Precast Pty Ltd was found to have committed a serious breach of s 8(2) of the Occupational Health and Safety Act 2000 by failing to ensure adequate safety systems in the erection of floor planks, resulting in the fatality and injuries. While the company maintained significant safety systems, major failures in their implementation were established. Giuseppe Girotto, though ultimately responsible, had devolved daily safety management to others and, given his personal circumstances and mitigating factors, was discharged under s 10 Crimes (Sentencing Procedure) Act 1999 on condition of a good behaviour bond.

Parties
Prosecutor: Inspector Richard Mulder; Defendant: Girotto Precast Pty Ltd; Defendant: Giuseppe Girotto
Jurisdiction
Australia
Judgment Date
09 May 2008
Procedural Posture
Criminal Prosecution / Sentence
Outcome
Girotto Precast Pty Ltd convicted and fined; Giuseppe Girotto discharged on good behaviour bond under s 10 Crimes (Sentencing Procedure) Act 1999, without conviction.
Legal Topics
Corporate Liability, Director Liability, Workplace Fatalities, Safe System of Work, Remedial Orders, Sentencing
Occupational Health and Safety Criminal Law Corporate Liability Director Liability Workplace Fatalities Safe System of Work Remedial Orders Sentencing

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Parties

Inspector Richard Mulder

Prosecutor

Girotto Precast Pty Ltd

Defendant

Giuseppe Girotto

Defendant

Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 Whether Girotto Precast Pty Ltd breached s 8(2) of the Occupational Health and Safety Act 2000 by failing to ensure non-employees were not exposed to safety risks at its workplace
  2. 2 Whether Giuseppe Girotto breached s 26(1) and s 8(2) of the Occupational Health and Safety Act 2000 as a director responsible for safety systems
  3. 3 Whether s 10 of the Crimes (Sentencing Procedure) Act 1999 should be applied to discharge Giuseppe Girotto without conviction

Ratio Decidendi

Girotto Precast Pty Ltd was found to have committed a serious breach of s 8(2) of the Occupational Health and Safety Act 2000 by failing to ensure adequate safety systems in the erection of floor planks, resulting in the fatality and injuries. While the company maintained significant safety systems, major failures in their implementation were established. Giuseppe Girotto, though ultimately responsible, had devolved daily safety management to others and, given his personal circumstances and mitigating factors, was discharged under s 10 Crimes (Sentencing Procedure) Act 1999 on condition of a good behaviour bond.

Court Disposition

Girotto Precast Pty Ltd convicted and fined; Giuseppe Girotto discharged on good behaviour bond under s 10 Crimes (Sentencing Procedure) Act 1999, without conviction.

Orders

  • Girotto Precast Pty Ltd found guilty of breach of s 8(2) of the Occupational Health and Safety Act 2000.
  • Girotto Precast Pty Ltd fined $215,000, with half payable to the prosecutor by way of moiety.