Inspector Christensen v P & M Quality Smallgoods Pty Ltd [2013] NSWIRComm 91

Inspector Christensen v P & M Quality Smallgoods Pty Ltd [2013] NSWIRComm 91

The defendant was guilty because, while having control of premises used as a place of work, it failed to ensure the premises were safe and without risks to health for a contractor: it did not conduct an adequate risk assessment, did not inform the contractor of the butane pipe risk, did not ensure the pipe was labelled, colour coded, isolated or disconnected, and did not provide safe emergency access. The risk was reasonably foreseeable and simple remedial steps were available. Taking into account mitigating matters, including existing safety systems, the contractor-related factors, cooperation, post-incident improvements, good corporate citizenship and a 25 per cent discount for the...

Jurisdiction
Australia
Judgment Date
11 October 2013
Procedural Posture
Occupational Health and Safety Prosecution Under S 10(1) of the Occupational Health and Safety Act 2000 / Sentencing After Plea of Guilty
Outcome
The defendant was convicted and fined $110,000, with a moiety to the prosecutor, and ordered to pay the prosecutor's costs as agreed or assessed.
Legal Topics
['duties of Controllers of Work Premises' 'contractor Safety' 'risk Assessment' 'butane Gas Pipe Ignition' 'plea of Guilty' 'sentencing Principles' 'general and Specific Deterrence']
['occupational Health and Safety' 'industrial Law' 'criminal Sentencing'] ['duties of Controllers of Work Premises' 'contractor Safety' 'risk Assessment' 'butane Gas Pipe Ignition' 'plea of Guilty' 'sentencing Principles' 'general and Specific Deterrence']

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Procedural Posture

Occupational Health and Safety Prosecution Under S 10(1) of the Occupational Health and Safety Act 2000 / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['Whether the defendant contravened s 10(1) of the Occupational Health and Safety Act 2000 by failing to ensure premises under its control were safe and without risks to health for persons not in its employment.' 'What penalty should be imposed having regard to the objective seriousness of the offence, mitigating factors, deterrence, the guilty plea, cooperation and post-incident remedial steps.']

Ratio Decidendi

The defendant was guilty because, while having control of premises used as a place of work, it failed to ensure the premises were safe and without risks to health for a contractor: it did not conduct an adequate risk assessment, did not inform the contractor of the butane pipe risk, did not ensure the pipe was labelled, colour coded, isolated or disconnected, and did not provide safe emergency access. The risk was reasonably foreseeable and simple remedial steps were available. Taking into account mitigating matters, including existing safety systems, the contractor-related factors, cooperation, post-incident improvements, good corporate citizenship and a 25 per cent discount for the...

Court Disposition

The defendant was convicted and fined $110,000, with a moiety to the prosecutor, and ordered to pay the prosecutor's costs as agreed or assessed.

Orders

  • ['The defendant is convicted of the offence charged.' 'The defendant is fined an amount of $110,000 with a moiety thereof to the prosecutor.' "The defendant shall pay the prosecutor's costs as agreed or assessed."]