Inspector Colin Wall v Orica Australia Pty Limited [2009] NSWIRComm 146

Inspector Colin Wall v Orica Australia Pty Limited [2009] NSWIRComm 146

Orica Australia Pty Limited failed to ensure a safe system of work to prevent employee access to a hazardous, disused building, did not provide adequate instruction or maintained barriers, and the risk was reasonably foreseeable and serious; mitigating factors, including the conduct of the injured worker and prior safety systems, reduced the penalty but did not excuse the breach.

Jurisdiction
Australia
Judgment Date
26 August 2009
Procedural Posture
Prosecution / Final Judgment and Orders
Outcome
convicted and fined
Legal Topics
['s 8(1) Offence' 'safe System of Work' 'employee Safety' 'deterrence' 'sentencing']
['occupational Health and Safety' 'criminal Law'] ['s 8(1) Offence' 'safe System of Work' 'employee Safety' 'deterrence' 'sentencing']

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Procedural Posture

Prosecution / Final Judgment and Orders

Legal Issues

  1. 1 ['Did Orica Australia Pty Limited fail to ensure a safe system of work to prevent employees accessing building H?' 'Was the risk to employee safety reasonably foreseeable and serious?' 'Did mitigating factors, including the conduct of the injured worker, reduce the objective seriousness of the offence?' 'What penalty is appropriate given prior convictions, mitigation, and remorse?']

Ratio Decidendi

Orica Australia Pty Limited failed to ensure a safe system of work to prevent employee access to a hazardous, disused building, did not provide adequate instruction or maintained barriers, and the risk was reasonably foreseeable and serious; mitigating factors, including the conduct of the injured worker and prior safety systems, reduced the penalty but did not excuse the breach.

Court Disposition

convicted and fined

Orders

  • ['Orica Australia Pty Limited is convicted and fined $110,000 with a moiety to the prosecutor.' 'The defendant is to pay the costs of the prosecutor as agreed or in the absence of agreement as assessed.']