SafeWork NSW v Grandcity Constructions Pty Ltd; SafeWork NSW v Cai [2018] NSWDC 398

SafeWork NSW v Grandcity Constructions Pty Ltd; SafeWork NSW v Cai [2018] NSWDC 398

Grandcity Constructions Pty Ltd and Cilin Cai were both found to have failed in their statutory duties under the Work Health and Safety Act 2011 by not eliminating or minimising the risk of falls from heights, despite the risk being obvious and feasible to remedy. Their culpability was considered mid-range due to the foreseeability of the risk, availability of control measures, injury suffered, and vulnerability of the employee. Mitigating factors such as pleas of guilty, remedial action, cooperation, remorse, and lack of prior record warranted a 25% discount in penalties.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed on both defendants with costs order in favour of prosecutor
Legal Topics
['duty of Care' 'risk of Death or Serious Injury' 'workplace Falls' 'edge Protection' 'general and Specific Deterrence' 'mitigating and Aggravating Factors' 'plea of Guilty' 'prosecution Costs']
['criminal Law' 'work Health and Safety Law'] ['duty of Care' 'risk of Death or Serious Injury' 'workplace Falls' 'edge Protection' 'general and Specific Deterrence' 'mitigating and Aggravating Factors' 'plea of Guilty' 'prosecution Costs']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Grandcity Constructions Pty Ltd failed to comply with its duty under s 19 of the Work Health and Safety Act 2011 and thereby exposed an employee to a risk of death or serious injury' 'Whether Cilin Cai failed to exercise due diligence under s 27 of the Work Health and Safety Act 2011 and thereby exposed an employee to a risk of death or serious injury']

Ratio Decidendi

Grandcity Constructions Pty Ltd and Cilin Cai were both found to have failed in their statutory duties under the Work Health and Safety Act 2011 by not eliminating or minimising the risk of falls from heights, despite the risk being obvious and feasible to remedy. Their culpability was considered mid-range due to the foreseeability of the risk, availability of control measures, injury suffered, and vulnerability of the employee. Mitigating factors such as pleas of guilty, remedial action, cooperation, remorse, and lack of prior record warranted a 25% discount in penalties.

Court Disposition

Conviction and fine imposed on both defendants with costs order in favour of prosecutor

Orders

  • ['Grandcity Constructions Pty Ltd is convicted of an offence under s 19 of the Work Health and Safety Act 2011' 'Grandcity to pay a fine of $120,000 (after 25% discount for guilty plea)' 'Pursuant to s 122(2) of the Fines Act 1996, 50% of the fine to be paid to the prosecutor' "Grandcity to pay the prosecutor's...