Inspector Sherras v Interland Constructions Pty Limited & Ors [2008] NSWIRComm 65

Inspector Sherras v Interland Constructions Pty Limited & Ors [2008] NSWIRComm 65

The defendants were required by the Occupational Health and Safety Act 2000 (ss 8(1), 8(2), 26(1)) to ensure a safe system of work at heights, including effective fall prevention measures when working above 1.8 metres, in accordance with the WorkCover Code of Practice. Their failure to ensure such measures were in place or followed and failure to supervise and enforce safety practices amounted to a breach of their respective duties. The culpability of each was assessed by contribution to risk and considering remedial actions, pleas, and antecedents for penalty.

Parties
Prosecutor: Inspector Rodney Sherras; Defendant: Interland Constructions Pty Limited; Defendant: Franco Vecchiato; Defendant: Peter Karabelas
Jurisdiction
Australia
Judgment Date
04 April 2008
Procedural Posture
Criminal Prosecution (occupational Health and Safety) / Sentencing and Judgment After Plea of Guilty
Outcome
Conviction and fines imposed after guilty pleas for occupational health and safety offences.
Legal Topics
Employer Duties, Director Liability, Sentencing, Workplace Safety, Building Industry, Unsafe Work Practices, Risks of Fall From Heights
Occupational Health and Safety Criminal Law Employer Duties Director Liability Sentencing Workplace Safety Building Industry Unsafe Work Practices +1 more

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Parties

Inspector Rodney Sherras

Prosecutor

Interland Constructions Pty Limited

Defendant

Franco Vecchiato

Defendant

Peter Karabelas

Defendant

Procedural Posture

Criminal Prosecution (occupational Health and Safety) / Sentencing and Judgment After Plea of Guilty

Legal Issues

  1. 1 Whether Interland Constructions Pty Limited failed to ensure non-employees were not exposed to risks to their health and safety at its workplace as required under s 8(2) of the Occupational Health & Safety Act 2000
  2. 2 Whether Franco Vecchiato, as director of Interland, is liable under s 26(1) of the Occupational Health & Safety Act 2000 for the company's breach
  3. 3 Whether Peter Karabelas, as director of PTV Management Services Pty Ltd, is liable under s 26(1) of the Occupational Health & Safety Act 2000 for PTV's breach of s 8(1)

Ratio Decidendi

The defendants were required by the Occupational Health and Safety Act 2000 (ss 8(1), 8(2), 26(1)) to ensure a safe system of work at heights, including effective fall prevention measures when working above 1.8 metres, in accordance with the WorkCover Code of Practice. Their failure to ensure such measures were in place or followed and failure to supervise and enforce safety practices amounted to a breach of their respective duties. The culpability of each was assessed by contribution to risk and considering remedial actions, pleas, and antecedents for penalty.

Court Disposition

Conviction and fines imposed after guilty pleas for occupational health and safety offences.

Orders

  • Interland Constructions Pty Limited convicted, fined $65,000 with a moiety to the prosecutor, costs to prosecutor.
  • Franco Vecchiato convicted, fined $6,000 with a moiety to the prosecutor, costs to prosecutor.