Inspector Stephen Charles v Premier Precast Pty Limited [2009] NSWIRComm 136

Inspector Stephen Charles v Premier Precast Pty Limited [2009] NSWIRComm 136

The defendant was objectively liable for failing to ensure employee safety by not providing adequate guarding, risk assessment, instruction or supervision, even if it did not subjectively foresee the precise risk; the risk was reasonably foreseeable, rendering the offence objectively serious under the Occupational Health and Safety Act 2000.

Parties
Prosecutor: Inspector Stephen Charles; Defendant: Premier Precast Pty Limited
Jurisdiction
Australia
Judgment Date
12 August 2009
Procedural Posture
Prosecution Under Occupational Health and Safety Act 2000 / Sentencing After Plea of Guilty
Outcome
Defendant convicted and fined.
Legal Topics
Workplace Injury, Duty of Care, Risk Assessment, Foreseeability, Mitigation, Company Liability
Occupational Health and Safety Sentencing Workplace Injury Duty of Care Risk Assessment Foreseeability Mitigation Company Liability

Case Brief

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Parties

Inspector Stephen Charles

Prosecutor

Premier Precast Pty Limited

Defendant

Procedural Posture

Prosecution Under Occupational Health and Safety Act 2000 / Sentencing After Plea of Guilty

Legal Issues

  1. 1 Whether the defendant failed to ensure safety of employees as required by s 8(1) Occupational Health and Safety Act 2000
  2. 2 Whether the risk was reasonably foreseeable
  3. 3 Relevance of absence of subjective foresight

Ratio Decidendi

The defendant was objectively liable for failing to ensure employee safety by not providing adequate guarding, risk assessment, instruction or supervision, even if it did not subjectively foresee the precise risk; the risk was reasonably foreseeable, rendering the offence objectively serious under the Occupational Health and Safety Act 2000.

Court Disposition

Defendant convicted and fined.

Orders

  • Defendant Premier Precast Pty Limited is convicted of the offence.
  • Defendant is fined $99,000 with a moiety to the prosecutor.