SafeWork NSW v LJW Solar Pty Ltd [2022] NSWDC 526

SafeWork NSW v LJW Solar Pty Ltd [2022] NSWDC 526

LJW Solar Pty Ltd breached its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by failing to implement and enforce adequate fall prevention controls and supervision on a worksite, exposing workers to a foreseeable and serious risk of injury or death. Despite mitigating factors and capacity to pay concerns, the objective seriousness of the breach and the vulnerability of the injured worker warranted conviction, a fine (with a 25% discount for an early guilty plea), and costs orders.

Parties
Prosecutor: SafeWork NSW; Defendant: LJW Solar Pty Ltd
Jurisdiction
Australia
Judgment Date
02 November 2022
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Conviction and fine imposed
Legal Topics
Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Workplace Accidents, Sentencing Factors, Fine Reduction for Guilty Plea, Costs Awards
Criminal Law Work Health and Safety Duty of Persons Undertaking Business Risk of Death or Serious Injury Workplace Accidents Sentencing Factors Fine Reduction for Guilty Plea Costs Awards

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Parties

SafeWork NSW

Prosecutor

LJW Solar Pty Ltd

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether LJW Solar Pty Ltd breached its primary work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW)
  2. 2 Assessment of the objective seriousness of the breach and appropriate penalty
  3. 3 Consideration of mitigating and aggravating factors in sentencing

Ratio Decidendi

LJW Solar Pty Ltd breached its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by failing to implement and enforce adequate fall prevention controls and supervision on a worksite, exposing workers to a foreseeable and serious risk of injury or death. Despite mitigating factors and capacity to pay concerns, the objective seriousness of the breach and the vulnerability of the injured worker warranted conviction, a fine (with a 25% discount for an early guilty plea), and costs orders.

Court Disposition

Conviction and fine imposed

Orders

  • The defendant is convicted.
  • The appropriate fine for the offence is $800,000.00, reduced by 25% for the plea of guilty.