Inspector McGrath v Gould Bros & Co Pty Ltd [2011] NSWIRComm 127

Inspector McGrath v Gould Bros & Co Pty Ltd [2011] NSWIRComm 127

The defendant's failure to implement adequate fall prevention systems, training, information, supervision, and risk assessments, resulting in exposure to risks of falls to both employees and non-employees at a construction site, constitutes serious breaches of s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000. Although the offences are objectively serious, the penalty is ameliorated by the defendant's guilty plea, demonstrated safety commitment, cooperation, and the application of the totality principle. Accordingly, a monetary penalty of $100,000 per offence is imposed, with conviction entered and a moiety to the prosecutor.

Jurisdiction
Australia
Judgment Date
23 September 2011
Procedural Posture
Prosecution for Occupational Health and Safety Offences / Penalty Judgment Following Guilty Pleas
Outcome
Defendant found guilty and convicted of all charges; monetary penalty imposed; costs to prosecutor; orders made as sought.
Legal Topics
['breach of Occupational Health and Safety Act 2000' 'workplace Safety Systems' 'risk of Falls' 'site Management' 'totality Principle in Sentencing' 'objective Seriousness' 'general and Specific Deterrence']
['occupational Health and Safety' 'industrial Law'] ['breach of Occupational Health and Safety Act 2000' 'workplace Safety Systems' 'risk of Falls' 'site Management' 'totality Principle in Sentencing' 'objective Seriousness' 'general and Specific Deterrence']

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Procedural Posture

Prosecution for Occupational Health and Safety Offences / Penalty Judgment Following Guilty Pleas

Legal Issues

  1. 1 ['Whether the defendant failed to ensure health and safety of employees and non-employees under the Occupational Health and Safety Act 2000 by not providing adequate fall protection, training, information, and supervision during construction work at heights.']

Ratio Decidendi

The defendant's failure to implement adequate fall prevention systems, training, information, supervision, and risk assessments, resulting in exposure to risks of falls to both employees and non-employees at a construction site, constitutes serious breaches of s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000. Although the offences are objectively serious, the penalty is ameliorated by the defendant's guilty plea, demonstrated safety commitment, cooperation, and the application of the totality principle. Accordingly, a monetary penalty of $100,000 per offence is imposed, with conviction entered and a moiety to the prosecutor.

Court Disposition

Defendant found guilty and convicted of all charges; monetary penalty imposed; costs to prosecutor; orders made as sought.

Orders

  • ['In each of matters IRC 1051, 1053 and 1054 of 2010, the defendant, Gould Bros & Co Pty Ltd, is found guilty of each of the charges and convicted accordingly.' 'A monetary penalty for each charge of $100,000 is imposed, with a moiety to the prosecutor.' 'The defendant is to pay the costs of the prosecutor in an...