Inspector Evans v Graincorp Operations Limited [2003] NSWIRComm 153

Inspector Evans v Graincorp Operations Limited [2003] NSWIRComm 153

Graincorp Operations Limited was convicted because it failed to provide adequate warning and direction, particularly signage, to truck drivers to prevent contact with overhead power lines, which exposed a non-employee to an obvious and foreseeable risk to safety in breach of its statutory duty under s16(1) of the Occupational Health and Safety Act 1983; a penalty of $125,000 was assessed and discounted by 30% for early plea, cooperation and remedial steps, resulting in a fine of $87,500.

Parties
Prosecutor: Inspector Ken Evans; Defendant: Graincorp Operations Limited
Jurisdiction
Australia
Judgment Date
16 May 2003
Procedural Posture
Prosecution / Sentencing After Guilty Plea
Outcome
conviction and fine
Legal Topics
Duty of Care to Non Employees, Workplace Safety, Risk Management, Assessment of Penalty
Occupational Health and Safety Industrial Law Duty of Care to Non Employees Workplace Safety Risk Management Assessment of Penalty

Case Brief

Summary, issues, holding and outcome

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Parties

Inspector Ken Evans

Prosecutor

Graincorp Operations Limited

Defendant

Procedural Posture

Prosecution / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether Graincorp Operations Limited failed to ensure that persons not in its employment were not exposed to risks to their health and safety arising from its undertaking, in contravention of s16(1) of the Occupational Health and Safety Act 1983
  2. 2 Assessment of the appropriate penalty for breach of occupational health and safety duty

Ratio Decidendi

Graincorp Operations Limited was convicted because it failed to provide adequate warning and direction, particularly signage, to truck drivers to prevent contact with overhead power lines, which exposed a non-employee to an obvious and foreseeable risk to safety in breach of its statutory duty under s16(1) of the Occupational Health and Safety Act 1983; a penalty of $125,000 was assessed and discounted by 30% for early plea, cooperation and remedial steps, resulting in a fine of $87,500.

Court Disposition

conviction and fine

Orders

  • Graincorp is convicted of the offence charged and fined the sum of $87,500 with a moiety of penalty to the WorkCover Authority of New South Wales.
  • Graincorp to pay prosecutor's costs in an amount agreed or assessed by the Court.