Inspector Melissa Chaston v Sacco Builders Pty Ltd [2010] NSWIRComm 100

Inspector Melissa Chaston v Sacco Builders Pty Ltd [2010] NSWIRComm 100

The defendant was guilty of a serious breach because, although it had safety systems and had provided training, as head contractor it failed to ensure that a young trainee working at a height of 7.7 metres was properly supervised and using an attached harness. The risk of serious injury or death from an unattached harness while working at height was high and foreseeable, and practical steps to improve supervision were available. Taking into account the guilty plea, cooperation, lack of prior convictions, contrition, the defendant's lower contribution to the risk than subcontractors, and parity considerations, the appropriate penalty was a fine of $80,000 with a moiety to WorkCover...

Jurisdiction
Australia
Judgment Date
27 July 2010
Procedural Posture
Prosecution Under S8(2) of the Occupational Health and Safety Act 2000 / Sentencing After Plea of Guilty
Outcome
Defendant found guilty and fined $80,000 with a moiety to WorkCover Authority of New South Wales; no order as to costs.
Legal Topics
['workplace Fatality' 'principal Contractor Liability' 'falls From Height' 'harness Use' 'training and Supervision' 'general and Specific Deterrence' 'guilty Plea Discount']
['occupational Health and Safety' 'sentencing'] ['workplace Fatality' 'principal Contractor Liability' 'falls From Height' 'harness Use' 'training and Supervision' 'general and Specific Deterrence' 'guilty Plea Discount']

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Procedural Posture

Prosecution Under S8(2) of the Occupational Health and Safety Act 2000 / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ["What penalty should be imposed for the defendant's contravention of s8(2) of the Occupational Health and Safety Act 2000 after a plea of guilty." "Whether the defendant's failure to ensure proper supervision and harness use by a young trainee working at height made the offence objectively serious." "How the defendant's contribution to the risk compared with the contribution of subcontractors on the site." 'Whether mitigating factors, delay, the plea of guilty, cooperation, absence of prior convictions, contrition and parity affected penalty.']

Ratio Decidendi

The defendant was guilty of a serious breach because, although it had safety systems and had provided training, as head contractor it failed to ensure that a young trainee working at a height of 7.7 metres was properly supervised and using an attached harness. The risk of serious injury or death from an unattached harness while working at height was high and foreseeable, and practical steps to improve supervision were available. Taking into account the guilty plea, cooperation, lack of prior convictions, contrition, the defendant's lower contribution to the risk than subcontractors, and parity considerations, the appropriate penalty was a fine of $80,000 with a moiety to WorkCover...

Court Disposition

Defendant found guilty and fined $80,000 with a moiety to WorkCover Authority of New South Wales; no order as to costs.

Orders

  • ['In Matter No IRC929 of 2007, I find the defendant guilty of the offence as charged.' 'The defendant is fined in the sum of $80,000 with a moiety to WorkCover Authority of New South Wales.' 'There shall be no order as to costs.']