SafeWork NSW v PCW Constructions Pty Ltd & Peter James Woodhouse [2022] NSWDC 290

SafeWork NSW v PCW Constructions Pty Ltd & Peter James Woodhouse [2022] NSWDC 290

PCW Constructions Pty Ltd and Peter James Woodhouse failed to ensure adequate fall protection measures for workers performing high-risk construction work, in breach of their health and safety duties under the Work Health and Safety Act 2011. The risk of falling through an unprotected skylight was obvious and led to serious injury. The failure to follow readily available industry guidance and statutory obligations constituted objectively serious offending warranting conviction and fines, mitigated by early guilty pleas, remorse, and lack of prior convictions.

Parties
Prosecutor: SafeWork NSW; Defendant: PCW Constructions Pty Ltd; Defendant: Peter James Woodhouse
Jurisdiction
Australia
Judgment Date
25 July 2022
Procedural Posture
Criminal / Sentence
Outcome
Defendants convicted and fined; costs awarded to prosecutor.
Legal Topics
Duty of Persons Undertaking Business, Duty of Employer, Risk of Death or Serious Injury, Worker Injured, Sentencing Principles, Objective Seriousness, Deterrence, Aggravating Factors, Mitigating Factors, Appropriate Penalty, Plea of Guilty
Criminal Law Work Health and Safety Law Duty of Persons Undertaking Business Duty of Employer Risk of Death or Serious Injury Worker Injured Sentencing Principles Objective Seriousness +5 more

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Parties

SafeWork NSW

Prosecutor

PCW Constructions Pty Ltd

Defendant

Peter James Woodhouse

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether PCW Constructions Pty Ltd failed to comply with health and safety duties under s 19(1) and s 32 Work Health and Safety Act 2011
  2. 2 Whether Peter James Woodhouse failed to comply with health and safety duty under s 27 and s 32 Work Health and Safety Act 2011
  3. 3 Appropriate penalties having regard to objective seriousness, mitigation, and deterrence

Ratio Decidendi

PCW Constructions Pty Ltd and Peter James Woodhouse failed to ensure adequate fall protection measures for workers performing high-risk construction work, in breach of their health and safety duties under the Work Health and Safety Act 2011. The risk of falling through an unprotected skylight was obvious and led to serious injury. The failure to follow readily available industry guidance and statutory obligations constituted objectively serious offending warranting conviction and fines, mitigated by early guilty pleas, remorse, and lack of prior convictions.

Court Disposition

Defendants convicted and fined; costs awarded to prosecutor.

Orders

  • PCW Constructions Pty Ltd is convicted and fined $90,000.
  • Peter James Woodhouse is convicted and fined $30,000.