WorkCover Authority of New South Wales (Inspector Robinson) v Milltech Pty Ltd [2001] NSWIRComm 51

WorkCover Authority of New South Wales (Inspector Robinson) v Milltech Pty Ltd [2001] NSWIRComm 51

Milltech was guilty because it failed to carry out a risk assessment for manoeuvring and unloading the machine, had no safe system of work for the task, and gave no relevant training or instructions to Mr Black or Mr Wilson. It was not sufficient to leave safety assessment to workers at the scene, even experienced workers. Milltech also failed to establish the s 53 defences because there was no evidence it was impracticable to assess the dangers or instruct employees to stand clear, and the same practicability reasoning defeated the second defence.

Jurisdiction
Australia
Judgment Date
29 March 2001
Procedural Posture
Prosecution Under S 15(1) of the Occupational Health and Safety Act 1983 / Judgment on Liability; Proceedings Stood Over for Submissions on Conviction and Penalty
Outcome
The defendant was found guilty of the charge contained in the summons and the proceedings were stood over for submissions on conviction and penalty.
Legal Topics
['employer Duty to Provide Safe System of Work' 'risk Assessment' 'unloading Machinery' 'experienced Employee' 'defences Under S 53 of the Occupational Health and Safety Act 1983']
['occupational Health and Safety' 'industrial Relations' 'regulatory Prosecution'] ['employer Duty to Provide Safe System of Work' 'risk Assessment' 'unloading Machinery' 'experienced Employee' 'defences Under S 53 of the Occupational Health and Safety Act 1983']

Case Brief

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Procedural Posture

Prosecution Under S 15(1) of the Occupational Health and Safety Act 1983 / Judgment on Liability; Proceedings Stood Over for Submissions on Conviction and Penalty

Legal Issues

  1. 1 ['Whether Milltech Pty Ltd breached s 15(1) of the Occupational Health and Safety Act 1983 by failing to provide or maintain a safe system of work for unloading the machine from the truck.' "Whether reliance on Mr Black's experience and the company's safety awareness practices answered the alleged breach." 'Whether Milltech Pty Ltd established a defence under s 53 of the Occupational Health and Safety Act 1983.' 'Whether failure to use an overhead crane or lift by placing forklift tynes under the lower cross head needed to be determined.']

Ratio Decidendi

Milltech was guilty because it failed to carry out a risk assessment for manoeuvring and unloading the machine, had no safe system of work for the task, and gave no relevant training or instructions to Mr Black or Mr Wilson. It was not sufficient to leave safety assessment to workers at the scene, even experienced workers. Milltech also failed to establish the s 53 defences because there was no evidence it was impracticable to assess the dangers or instruct employees to stand clear, and the same practicability reasoning defeated the second defence.

Court Disposition

The defendant was found guilty of the charge contained in the summons and the proceedings were stood over for submissions on conviction and penalty.

Orders

  • ['The defendant is found guilty of the charge contained in the summons.' 'The proceedings are stood over to allow the parties to consider what submissions are to be made with respect to conviction and penalty.' 'Liberty to apply is granted to enable the proceedings to be relisted to deal with the penalty and any...