SafeWork NSW v Rahme Civil Pty Ltd [2024] NSWDC 231

SafeWork NSW v Rahme Civil Pty Ltd [2024] NSWDC 231

The Court found Rahme Civil Pty Ltd and Rabih Rahme each had relevant statutory health and safety duties under the Work Health and Safety Act 2011 (NSW). Neither undertook or ensured adequate risk assessment, engineer engagement, or safe systems for demolition/excavation activities nor adequate exchange of safety information, despite prior related incidents. These failures were reasonably practicable and their absence a significant or substantial cause of exposing workers and other persons to a risk of death or serious injury, thus constituting offences under s 32 of the Act.

Jurisdiction
Australia
Judgment Date
20 June 2024
Procedural Posture
Criminal Prosecution / Conviction; Listed for Sentence Hearing
Outcome
Rahme Civil Pty Ltd and Rabih Rahme convicted. Sentence hearing to be listed.
Legal Topics
['prosecution' 'duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'officer Liability' 'workplace Safety Systems' 'risk Assessment' 'safe Work Methods']
['criminal Law' 'work Health and Safety'] ['prosecution' 'duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'officer Liability' 'workplace Safety Systems' 'risk Assessment' 'safe Work Methods']

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Procedural Posture

Criminal Prosecution / Conviction; Listed for Sentence Hearing

Legal Issues

  1. 1 ['Whether Rahme Civil Pty Ltd contravened s 19(2) of the Work Health and Safety Act 2011 (NSW) by failing to ensure health and safety so far as reasonably practicable, exposing persons to risk of death or serious injury' 'Whether Rabih Rahme, as an officer of Rahme Civil Pty Ltd, failed to exercise due diligence under s 27(1) of the Work Health and Safety Act 2011 (NSW) resulting in exposure to risk of death or serious injury']

Ratio Decidendi

The Court found Rahme Civil Pty Ltd and Rabih Rahme each had relevant statutory health and safety duties under the Work Health and Safety Act 2011 (NSW). Neither undertook or ensured adequate risk assessment, engineer engagement, or safe systems for demolition/excavation activities nor adequate exchange of safety information, despite prior related incidents. These failures were reasonably practicable and their absence a significant or substantial cause of exposing workers and other persons to a risk of death or serious injury, thus constituting offences under s 32 of the Act.

Court Disposition

Rahme Civil Pty Ltd and Rabih Rahme convicted. Sentence hearing to be listed.

Orders

  • ['Rahme Civil Pty Ltd is convicted.' 'Rabih Rahme is convicted.' 'The matter will be listed for sentence hearing on a date to be fixed.']