Inspector Nikolovski v Michael John McCrudden [2011] NSWIRComm 45

Inspector Nikolovski v Michael John McCrudden [2011] NSWIRComm 45

CJM Roof Services Pty Ltd and Mr McCrudden retained effective control and responsibility for site safety, failed to ensure safety mesh, fall protection, induction, risk assessment and supervision, and thus breached non-delegable duties under s 10(1) of the Occupational Health and Safety Act 2000, regardless of sub-contracting or alleged cash payment arrangements.

Jurisdiction
Australia
Judgment Date
12 April 2011
Procedural Posture
Criminal Prosecution Under the Occupational Health and Safety Act / Liability Judgment; Orders for Sentencing Hearing to Be Listed
Outcome
Defendants found guilty of breach of s 10(1) of the Occupational Health and Safety Act 2000. Sentencing hearing to be listed.
Legal Topics
['duties of Controllers of Work Premises' 'safe Systems of Work' 'fall Protection' 'risk Assessment' 'non Delegable Duties']
['occupational Health and Safety' 'industrial Law'] ['duties of Controllers of Work Premises' 'safe Systems of Work' 'fall Protection' 'risk Assessment' 'non Delegable Duties']

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Procedural Posture

Criminal Prosecution Under the Occupational Health and Safety Act / Liability Judgment; Orders for Sentencing Hearing to Be Listed

Legal Issues

  1. 1 ['Who had effective control of the work premises and responsibility for safety measures?' 'Did CJM and Mr McCrudden breach their duties under s 10(1) of the Occupational Health and Safety Act 2000?' 'Were the failure to provide fall protection, risk assessment, and supervision sufficient to establish a breach?' 'Does liability attach where responsibility is argued to be transferred or delegated due to sub-contracting or alleged payments?']

Ratio Decidendi

CJM Roof Services Pty Ltd and Mr McCrudden retained effective control and responsibility for site safety, failed to ensure safety mesh, fall protection, induction, risk assessment and supervision, and thus breached non-delegable duties under s 10(1) of the Occupational Health and Safety Act 2000, regardless of sub-contracting or alleged cash payment arrangements.

Court Disposition

Defendants found guilty of breach of s 10(1) of the Occupational Health and Safety Act 2000. Sentencing hearing to be listed.

Orders

  • ['The parties are to contact the Associate with details of availability for listing the sentencing hearing.']