SafeWork NSW v Plasser Australia Pty Ltd [2021] NSWDC 441

SafeWork NSW v Plasser Australia Pty Ltd [2021] NSWDC 441

Plasser Australia Pty Ltd was convicted and fined because it failed to take reasonably practicable measures to eliminate or minimise the foreseeable risk of serious injury or death from ignition, fire or explosion during hot work, including oxy-propane cutting of waste solvent drums. Its systems had significant shortcomings, including no adequate risk assessments, no Hot Work permit system, inadequate documented procedures, inadequate training and supervision, and a broken mechanical de-header not repaired or replaced. The risk was known or foreseeable, the potential consequences were grave, and the available control measures were straightforward and not significantly burdensome. Its...

Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Criminal Prosecution for Offence Under S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty
Outcome
Plasser Australia Pty Ltd was convicted and ordered to pay a fine of $180,000 after a 25% discount for its guilty plea, with 50% of the fine payable to the prosecutor and costs payable to the prosecutor.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'hot Work' 'oxy Propane Cutting' 'hazardous Chemicals' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'hot Work' 'oxy Propane Cutting' 'hazardous Chemicals' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'prosecution Costs']

Case Brief

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Procedural Posture

Criminal Prosecution for Offence Under S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether Plasser Australia Pty Ltd failed to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW), thereby exposing workers to a risk of death or serious injury contrary to s 32 of the Act.' 'The objective seriousness and culpability of Plasser Australia Pty Ltd for sentencing purposes.' 'The appropriate fine after taking into account aggravating and mitigating factors, deterrence, the guilty plea, and capacity to pay.' 'Whether costs and payment of part of the fine to the prosecutor should be ordered.']

Ratio Decidendi

Plasser Australia Pty Ltd was convicted and fined because it failed to take reasonably practicable measures to eliminate or minimise the foreseeable risk of serious injury or death from ignition, fire or explosion during hot work, including oxy-propane cutting of waste solvent drums. Its systems had significant shortcomings, including no adequate risk assessments, no Hot Work permit system, inadequate documented procedures, inadequate training and supervision, and a broken mechanical de-header not repaired or replaced. The risk was known or foreseeable, the potential consequences were grave, and the available control measures were straightforward and not significantly burdensome. Its...

Court Disposition

Plasser Australia Pty Ltd was convicted and ordered to pay a fine of $180,000 after a 25% discount for its guilty plea, with 50% of the fine payable to the prosecutor and costs payable to the prosecutor.

Orders

  • ['Plasser Australia Pty Ltd is convicted.' 'The appropriate fine is $240,000 but that will be reduced by 25% to reflect the plea of guilty.' 'Order Plasser Australia Pty Ltd to pay a fine of $180,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the...