Safework NSW v NSW Formwork Pty Limited [2019] NSWDC 631

Safework NSW v NSW Formwork Pty Limited [2019] NSWDC 631

NSW Formwork Pty Limited breached its work health and safety duty by failing to implement simple and reasonable control measures (such as reo bar capping and edge protection) to manage an obvious, foreseeable and significant risk of serious injury or death, resulting in serious harm to a worker. A conviction and substantial fine, discounted for the guilty plea, is appropriate to reflect the seriousness, deter others, and adequately punish the offender.

Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed.
Legal Topics
['workplace Safety' 'employer Duties' 'risk Management' 'sentencing' 'corporate Liability']
['criminal Law' 'work Health and Safety Law'] ['workplace Safety' 'employer Duties' 'risk Management' 'sentencing' 'corporate Liability']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether NSW Formwork Pty Limited breached its duty under s 19 of the Work Health and Safety Act 2011 (NSW) by failing to manage risk and exposing workers to risk of death or serious injury.' 'Appropriate penalty for the breach.']

Ratio Decidendi

NSW Formwork Pty Limited breached its work health and safety duty by failing to implement simple and reasonable control measures (such as reo bar capping and edge protection) to manage an obvious, foreseeable and significant risk of serious injury or death, resulting in serious harm to a worker. A conviction and substantial fine, discounted for the guilty plea, is appropriate to reflect the seriousness, deter others, and adequately punish the offender.

Court Disposition

Conviction and fine imposed.

Orders

  • ['The offender is convicted.' 'The appropriate fine is $200,000 but that will be reduced by 25% to reflect the plea of guilty.' 'Order the offender to pay a fine of $150,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor.' "Order the offender to pay the...