SafeWork NSW v Grasso Consulting Engineers Pty Ltd; SafeWork NSW v Ignazio Grasso [2019] NSWDC 792

SafeWork NSW v Grasso Consulting Engineers Pty Ltd; SafeWork NSW v Ignazio Grasso [2019] NSWDC 792

Failure by Grasso Consulting Engineers Pty Ltd and Ignazio Grasso to conduct appropriate engineering analysis and issue advice that did not adequately minimise the risk of unplanned structural collapse constituted breach of health and safety duties. This breach was a significant cause of exposure of demolition workers to risk of death or serious injury, satisfying all elements of the offences under the Work Health and Safety Act 2011.

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Criminal / Liability Determination Prior to Sentencing
Outcome
Liability established; both defendants found guilty; sentencing deferred to a later date.
Legal Topics
['health and Safety Duty' 'strict Liability' 'exposure to Risk' 'engineering Practice' 'due Diligence']
['work Health and Safety' 'criminal Law'] ['health and Safety Duty' 'strict Liability' 'exposure to Risk' 'engineering Practice' 'due Diligence']

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Procedural Posture

Criminal / Liability Determination Prior to Sentencing

Legal Issues

  1. 1 ['Did Grasso Consulting Engineers Pty Ltd fail to comply with its health and safety duty under s19(2) of the Work Health and Safety Act 2011 by not creating a computer model and issuing deficient demolition advice?' 'Did Ignazio Grasso, as an officer, fail to exercise due diligence to ensure compliance with health and safety duty?' 'Was the breach a significant or substantial cause of workers’ exposure to risk of death or serious injury?' 'Did the advice given constitute a breach and did the communication of advice cause exposure to risk?']

Ratio Decidendi

Failure by Grasso Consulting Engineers Pty Ltd and Ignazio Grasso to conduct appropriate engineering analysis and issue advice that did not adequately minimise the risk of unplanned structural collapse constituted breach of health and safety duties. This breach was a significant cause of exposure of demolition workers to risk of death or serious injury, satisfying all elements of the offences under the Work Health and Safety Act 2011.

Court Disposition

Liability established; both defendants found guilty; sentencing deferred to a later date.

Orders

  • ['Grasso Consulting Engineers Pty Ltd found guilty.' 'Ignazio Grasso found guilty.' 'Matter listed for sentence on a date convenient to the parties.']