Inspector Richard Mulder v GRD Minproc Ltd [2008] NSWIRComm 22

Inspector Richard Mulder v GRD Minproc Ltd [2008] NSWIRComm 22

GRD Minproc Ltd, as the principal contractor with control of the construction site, owed an absolute duty under s8(2) to ensure persons other than its employees were not exposed to risks to health or safety arising from its undertaking. The risk of a fall through floor penetrations in Fan Room No 1 was known. The mesh, reo-bar and tie-wire system chosen to cover the penetrations was inadequate because expert evidence showed it could fail if variables such as non-equidistant bars, inadequately tied wire or other imperfect installation existed. The inspections conducted were insufficiently rigorous to detect those variables, and workers including a young apprentice were not warned of the...

Jurisdiction
Australia
Judgment Date
14 March 2008
Procedural Posture
Prosecution Under S8(2) of the Occupational Health and Safety Act 2000 / Judgment as to Liability After Not Guilty Plea
Outcome
Offence proven; matter stood over for hearing as to penalty.
Legal Topics
['duty to Persons Other Than Employees' 'construction Site Penetrations' 'safe System of Work' 'workplace Inspections' 'foreseeability' 'reasonably Practicable Defence']
['occupational Health and Safety' 'workplace Safety Prosecution'] ['duty to Persons Other Than Employees' 'construction Site Penetrations' 'safe System of Work' 'workplace Inspections' 'foreseeability' 'reasonably Practicable Defence']

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Procedural Posture

Prosecution Under S8(2) of the Occupational Health and Safety Act 2000 / Judgment as to Liability After Not Guilty Plea

Legal Issues

  1. 1 ['Whether the Application for Order remained valid after Inspector Richard Mulder resigned as a WorkCover Inspector.' 'Whether GRD Minproc Ltd contravened s8(2) of the Occupational Health and Safety Act 2000 by failing to ensure persons other than its employees were not exposed to risks to health or safety at its place of work.' 'Whether the penetration covers in Fan Room No 1 were adequately secured.' 'Whether GRD Minproc Ltd ensured proper and appropriate inspection of Fan Room No 1 to identify and rectify risks associated with inadequately guarded or secured penetrations.' 'Whether GRD Minproc Ltd failed to warn persons working in Fan Room No 1 about the risk created by inadequately guarded or secured penetrations.' 'Whether GRD Minproc Ltd established the defence under s28(a) of the Occupational Health and Safety Act 2000 that it was not reasonably practicable to comply with the provision.']

Ratio Decidendi

GRD Minproc Ltd, as the principal contractor with control of the construction site, owed an absolute duty under s8(2) to ensure persons other than its employees were not exposed to risks to health or safety arising from its undertaking. The risk of a fall through floor penetrations in Fan Room No 1 was known. The mesh, reo-bar and tie-wire system chosen to cover the penetrations was inadequate because expert evidence showed it could fail if variables such as non-equidistant bars, inadequately tied wire or other imperfect installation existed. The inspections conducted were insufficiently rigorous to detect those variables, and workers including a young apprentice were not warned of the...

Court Disposition

Offence proven; matter stood over for hearing as to penalty.

Orders

  • ['In Matter No. IRC1085 of 2006, I find the offence proven.' 'The matter is stood over for the hearing as to penalty.']