SafeWork NSW v Roadworx Surfacing Pty Ltd [2022] NSWDC 616

SafeWork NSW v Roadworx Surfacing Pty Ltd [2022] NSWDC 616

Roadworx Surfacing Pty Ltd breached its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by failing to undertake adequate risk assessment and implement straightforward control measures, resulting in exposure of workers to a foreseeable risk of serious injury. The offence was objectively...

Source-derived case information.

Parties
Prosecutor: SafeWork NSW; Defendant: Roadworx Surfacing Pty Ltd
Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Criminal Prosecution / Sentencing After Guilty Plea
Outcome
Conviction and fine imposed after guilty plea.
Legal Topics
Prosecution of Work Health and Safety Offences, Duty of Persons Conducting Business, Risk of Serious Injury or Death, Sentencing (objective Seriousness, Aggravating/mitigating Factors), Discount for Plea of Guilty, Costs of Prosecution
Criminal Law Work Health and Safety Law Prosecution of Work Health and Safety Offences Duty of Persons Conducting Business Risk of Serious Injury or Death Sentencing (objective Seriousness, Aggravating/mitigating Factors) Discount for Plea of Guilty Costs of Prosecution

Source-derived case record

Summary, issues, holding and outcome

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Parties

SafeWork NSW

Prosecutor

Roadworx Surfacing Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether Roadworx Surfacing Pty Ltd breached its duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by exposing workers to the risk of serious injury or death
  2. 2 Assessment of appropriate penalty, considering objective seriousness, deterrence, aggravating/mitigating factors, and utility of the guilty plea

Ratio Decidendi

Roadworx Surfacing Pty Ltd breached its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by failing to undertake adequate risk assessment and implement straightforward control measures, resulting in exposure of workers to a foreseeable risk of serious injury. The offence was objectively serious, the harm suffered was significant, and general deterrence required a substantial penalty. After considering mitigating factors, including the guilty plea, prior record, and post-incident steps, the court imposed a fine reduced by 15%.

Court Disposition

Conviction and fine imposed after guilty plea.

Orders

  • The defendant is convicted.
  • The appropriate fine for the offence is $400,000.00, reduced by 15% for an early guilty plea.