SafeWork NSW v JBS Australia Pty Ltd (No 3) [2023] NSWDC 382

SafeWork NSW v JBS Australia Pty Ltd (No 3) [2023] NSWDC 382

JBS Australia Pty Ltd breached its duty under s 19(1) of the Work Health and Safety Act 2011 by failing to separately identify and risk assess the task of moisture testing, failing to implement and train workers on safe work procedures for this task and hay stacking, and in failing to provide sufficient information, training, and instruction, exposing a worker to a risk of serious injury or death. These failures were not reasonably practicable and were significant causes of the risk manifesting.

Parties
Prosecutor: SafeWork NSW; Defendant: JBS Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
19 September 2023
Procedural Posture
Criminal Prosecution / Trial and Verdict
Outcome
Guilty
Legal Topics
Workplace Duties of Employers, Duty to Ensure Health and Safety, Reasonably Practicable Steps, Risk Assessment, Training and Procedures, Injury to Worker, Failure to Implement Safe System, Exposure to Risk of Death or Serious Injury
Criminal Law Work Health and Safety Workplace Duties of Employers Duty to Ensure Health and Safety Reasonably Practicable Steps Risk Assessment Training and Procedures Injury to Worker +2 more

Case Brief

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Parties

SafeWork NSW

Prosecutor

JBS Australia Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Trial and Verdict

Legal Issues

  1. 1 Did the defendant fail to comply with its health and safety duty by not taking the steps particularised in the Summons?
  2. 2 Did the defendant's breach of duty expose Ms Fletcher to a risk of death or serious injury?

Ratio Decidendi

JBS Australia Pty Ltd breached its duty under s 19(1) of the Work Health and Safety Act 2011 by failing to separately identify and risk assess the task of moisture testing, failing to implement and train workers on safe work procedures for this task and hay stacking, and in failing to provide sufficient information, training, and instruction, exposing a worker to a risk of serious injury or death. These failures were not reasonably practicable and were significant causes of the risk manifesting.

Court Disposition

Guilty

Orders

  • The prosecution has proved all of the elements of the offence beyond reasonable doubt.
  • I find the defendant guilty.