SafeWork NSW v S & T Services Pty Ltd [2021] NSWDC 140

SafeWork NSW v S & T Services Pty Ltd [2021] NSWDC 140

S & T Services Pty Ltd had a work health and safety duty as designer of the crane grillage structure and breached that duty by failing to take reasonably practicable measures including adequate calculations, finite element modelling, adequate review, and confirmation that the connection elements were capable of resisting the relevant tensile loads. The risk that the crane and grillage columns would collapse and injure workers was obvious and foreseeable, the potential consequences were death or very serious injury, the available precautions were straightforward for experienced engineers and not particularly burdensome, and the harm actually caused was serious. Although other entities may...

Jurisdiction
Australia
Judgment Date
29 April 2021
Procedural Posture
Criminal Prosecution for Work Health and Safety Offence / Sentence After Plea of Guilty and Conviction
Outcome
S & T Services Pty Ltd was convicted and fined $225,000 after a 25% discount for the guilty plea; 50% of the fine was ordered to be paid to the prosecutor, and the defendant was ordered to pay the prosecutor's costs.
Legal Topics
['duty of Designer of Structure Used as Workplace' 'failure to Ensure Structure Designed Without Risks to Health and Safety So Far as Reasonably Practicable' 'risk of Death or Serious Injury' 'crane Grillage Collapse' 'objective Seriousness' 'general Deterrence' 'mitigating and Aggravating Factors' 'plea of Guilty Discount' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Designer of Structure Used as Workplace' 'failure to Ensure Structure Designed Without Risks to Health and Safety So Far as Reasonably Practicable' 'risk of Death or Serious Injury' 'crane Grillage Collapse' 'objective Seriousness' 'general Deterrence' 'mitigating and Aggravating Factors' 'plea of Guilty Discount' 'prosecution Costs']

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Procedural Posture

Criminal Prosecution for Work Health and Safety Offence / Sentence After Plea of Guilty and Conviction

Legal Issues

  1. 1 ['Whether S & T Services Pty Ltd failed to comply with its duty under s 22 of the Work Health and Safety Act 2011 (NSW) by inadequately designing the crane grillage connection elements and thereby exposed workers to a risk of death or serious injury contrary to s 32 of the Act.' 'What objective seriousness and level of culpability attached to the offence.' 'What fine should be imposed having regard to deterrence, aggravating and mitigating factors, the guilty plea, remorse, prior good record, cooperation, and capacity to pay.' 'Whether the Victim Impact Statement of Mr Simon Turner should be taken into account.' "Whether an order for prosecutor's costs should be made."]

Ratio Decidendi

S & T Services Pty Ltd had a work health and safety duty as designer of the crane grillage structure and breached that duty by failing to take reasonably practicable measures including adequate calculations, finite element modelling, adequate review, and confirmation that the connection elements were capable of resisting the relevant tensile loads. The risk that the crane and grillage columns would collapse and injure workers was obvious and foreseeable, the potential consequences were death or very serious injury, the available precautions were straightforward for experienced engineers and not particularly burdensome, and the harm actually caused was serious. Although other entities may...

Court Disposition

S & T Services Pty Ltd was convicted and fined $225,000 after a 25% discount for the guilty plea; 50% of the fine was ordered to be paid to the prosecutor, and the defendant was ordered to pay the prosecutor's costs.

Orders

  • ['S & T Services Pty Ltd was convicted on 22 April 2021.' 'The court took into account the Victim Impact Statement of Mr Simon Turner.' 'The appropriate fine was $300,000 but reduced by 25% to reflect the plea of guilty.' 'S & T Services Pty Ltd was ordered to pay a fine of $225,000.' 'Pursuant to Section 122(2) of...