Rodney Dale Morrison v Oakbridge Pty Limited & Ors [2008] NSWIRComm 85

Rodney Dale Morrison v Oakbridge Pty Limited & Ors [2008] NSWIRComm 85

Both Oakbridge Pty Limited and The Wallerawang Collieries Limited breached their statutory duties under s8(1) and s8(2) of the Occupational Health and Safety Act 2000 by failing to provide support to the face of Longwall 21 and to devise, implement and enforce a Safe Work Procedure for its safe support during shotfiring, in circumstances where the risks were both foreseeable and foreseen, resulting in fatality and injury. The seriousness of the risk, objective facts, foreseeability and actual occurrence of harm required significant penalties, tempered by guilty pleas, remorse and subsequent safety improvements but calling for general and specific deterrence and parity between parties.

Parties
Prosecutor: Rodney Dale Morrison; Defendant: Oakbridge Pty Limited; Defendant: The Wallerawang Collieries Limited
Jurisdiction
Australia
Judgment Date
24 April 2008
Procedural Posture
Criminal Prosecution / Judgment and Sentencing
Outcome
Defendants found guilty on all charges. Fines imposed applying totality and parity principles.
Legal Topics
Workplace Safety, Mining Safety, Workplace Fatality, Employer Obligations, Sentencing Principles
Occupational Health and Safety Criminal Law Industrial Law Workplace Safety Mining Safety Workplace Fatality Employer Obligations Sentencing Principles

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Parties

Rodney Dale Morrison

Prosecutor

Oakbridge Pty Limited

Defendant

The Wallerawang Collieries Limited

Defendant

Procedural Posture

Criminal Prosecution / Judgment and Sentencing

Legal Issues

  1. 1 Whether each defendant failed to ensure the health, safety and welfare at work of all its employees, contrary to s8(1) of the Occupational Health and Safety Act 2000
  2. 2 Whether each defendant failed to ensure that persons not in their employment were not exposed to risks to their health or safety arising from the conduct of their undertaking, contrary to s8(2) of the Occupational Health and Safety Act 2000

Ratio Decidendi

Both Oakbridge Pty Limited and The Wallerawang Collieries Limited breached their statutory duties under s8(1) and s8(2) of the Occupational Health and Safety Act 2000 by failing to provide support to the face of Longwall 21 and to devise, implement and enforce a Safe Work Procedure for its safe support during shotfiring, in circumstances where the risks were both foreseeable and foreseen, resulting in fatality and injury. The seriousness of the risk, objective facts, foreseeability and actual occurrence of harm required significant penalties, tempered by guilty pleas, remorse and subsequent safety improvements but calling for general and specific deterrence and parity between parties.

Court Disposition

Defendants found guilty on all charges. Fines imposed applying totality and parity principles.

Orders

  • In IRC5056 of 2003, Oakbridge Pty Limited fined $70,000 with a moiety to the Department of Primary Industries.
  • In IRC5057 of 2003, Oakbridge Pty Limited fined $70,000 with a moiety to the Department of Primary Industries.