SafeWork NSW v Landmark Roofing Pty Ltd [2020] NSWDC 202

SafeWork NSW v Landmark Roofing Pty Ltd [2020] NSWDC 202

The defendant committed the Category 2 offence because, although it admitted being a PCBU owing the relevant duty, it failed to take reasonably practicable measures to manage the obvious and known risk of death or serious injury from falling through brittle skylights while working at height. There was no specific inspection or assessment of the alcove skylight work, no task-specific risk assessment or SWMS addressing the brittle skylights, no clear and enforced direction that workers use the fall restraint system for that work, and inadequate supervision of a young apprentice by the site supervisor. Those omissions, including the supervisor's conduct imputed to the defendant under s...

Jurisdiction
Australia
Judgment Date
15 May 2020
Procedural Posture
Criminal Prosecution for a Category 2 Offence Under S 32 of the Work Health and Safety Act 2011 (nsw) / Liability Hearing After Not Guilty Plea; Guilt Determined and Matter to Be Listed for Sentence
Outcome
Landmark Roofing Pty Limited was found guilty of the offence; the matter was to be listed for a sentence hearing.
Legal Topics
['person Conducting a Business or Undertaking' 'health and Safety Duty' 'reasonably Practicable Measures' 'falls From Height' 'brittle Skylights' 'safe Work Method Statement' 'risk Assessment' 'corporate Attribution']
['criminal Law' 'work Health and Safety'] ['person Conducting a Business or Undertaking' 'health and Safety Duty' 'reasonably Practicable Measures' 'falls From Height' 'brittle Skylights' 'safe Work Method Statement' 'risk Assessment' 'corporate Attribution']

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Procedural Posture

Criminal Prosecution for a Category 2 Offence Under S 32 of the Work Health and Safety Act 2011 (nsw) / Liability Hearing After Not Guilty Plea; Guilt Determined and Matter to Be Listed for Sentence

Legal Issues

  1. 1 ['Whether the defendant was conducting a business or undertaking.' 'Whether the defendant owed Mr Brayden Asser and Mr Douglas Dart a health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW).' 'Whether the defendant failed to comply with its health and safety duty by failing to take one or more of the measures particularised in paragraph 12 of the Summons.' "Whether the defendant's breach of duty exposed Mr Asser and Mr Dart to a risk of death or serious injury."]

Ratio Decidendi

The defendant committed the Category 2 offence because, although it admitted being a PCBU owing the relevant duty, it failed to take reasonably practicable measures to manage the obvious and known risk of death or serious injury from falling through brittle skylights while working at height. There was no specific inspection or assessment of the alcove skylight work, no task-specific risk assessment or SWMS addressing the brittle skylights, no clear and enforced direction that workers use the fall restraint system for that work, and inadequate supervision of a young apprentice by the site supervisor. Those omissions, including the supervisor's conduct imputed to the defendant under s...

Court Disposition

Landmark Roofing Pty Limited was found guilty of the offence; the matter was to be listed for a sentence hearing.

Orders

  • ['The elements of the offence set out in the Summons filed on 18 March 2019 have been proved beyond a reasonable doubt.' 'I find Landmark Roofing Pty Limited guilty of the offence.' 'I will list the matter for a Sentence Hearing on a date convenient to the parties.']