Legge v Coffey Engineering Pty Ltd (No 2) [2001] NSWIRComm 319

Legge v Coffey Engineering Pty Ltd (No 2) [2001] NSWIRComm 319

The respondent, a labour hire company, owed an absolute statutory duty under s 15(1) of the Occupational Health and Safety Act 1983 to ensure the health, safety and welfare at work of its employee, Andrew David Jones, even though he was hired out to work at a client’s premises, and could not abdicate responsibility to the client. The evidence established that Coffey Engineering Pty Limited took no steps to assess risk, ensure a safe system of work, or provide training, information or supervision regarding the use of a circular saw, risks which were foreseeable in context. The magistrate’s factual findings to the contrary and failure to address all particulars were errors of law; the...

Parties
Appellant: Inspector Patrick Legge; Respondent: Coffey Engineering Pty Limited
Jurisdiction
Australia
Judgment Date
07 December 2001
Procedural Posture
Appeal (criminal – Occupational Health and Safety) / Full Bench Appeal From Decision of an Industrial Magistrate
Outcome
appeal upheld; original acquittal set aside; offence proven against respondent; sentence proceedings adjourned
Legal Topics
Appeal Against Acquittal, Employer's Duty of Care, Labour Hire Employer Obligations, Statutory Defence Under OHS Legislation, Causal Nexus Between Employer Conduct and Safety Risk, Adequacy of Reasons for Decision
Occupational Health and Safety Industrial Law Criminal Law Appeal Against Acquittal Employer's Duty of Care Labour Hire Employer Obligations Statutory Defence Under OHS Legislation Causal Nexus Between Employer Conduct and Safety Risk +1 more

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Parties

Inspector Patrick Legge

Appellant

Coffey Engineering Pty Limited

Respondent

Procedural Posture

Appeal (criminal – Occupational Health and Safety) / Full Bench Appeal From Decision of an Industrial Magistrate

Legal Issues

  1. 1 Nature and scope of offence under s 15(1) Occupational Health and Safety Act 1983
  2. 2 Whether particulars of charge under s 15(1) were proven
  3. 3 Adequacy of magistrate's reasons for decision

Ratio Decidendi

The respondent, a labour hire company, owed an absolute statutory duty under s 15(1) of the Occupational Health and Safety Act 1983 to ensure the health, safety and welfare at work of its employee, Andrew David Jones, even though he was hired out to work at a client’s premises, and could not abdicate responsibility to the client. The evidence established that Coffey Engineering Pty Limited took no steps to assess risk, ensure a safe system of work, or provide training, information or supervision regarding the use of a circular saw, risks which were foreseeable in context. The magistrate’s factual findings to the contrary and failure to address all particulars were errors of law; the...

Court Disposition

appeal upheld; original acquittal set aside; offence proven against respondent; sentence proceedings adjourned

Orders

  • Leave to appeal is granted.
  • The appeal is upheld.