Inspector Michael Duncan v Salim Sarkis [2007] NSWIRComm 222

Inspector Michael Duncan v Salim Sarkis [2007] NSWIRComm 222

The defendant, being an employer, failed to ensure the health, safety and welfare of employees at work as required under s 8(1) of the Occupational Health and Safety Act 2000. This was by not properly assessing or controlling risks associated with the removal of a heavy bulkhead, failing to ensure appropriate systems of work, and not providing sufficient supervision. The breach was objectively serious and aggravated by the absence of supervision and inadequate risk assessment for a hazardous task, for which the defendant was found guilty and penalised.

Parties
Prosecutor: Inspector Michael Duncan; Defendant: Salim Sarkis
Jurisdiction
Australia
Judgment Date
24 August 2007
Procedural Posture
Prosecution / Sentencing
Outcome
Guilty plea accepted; penalty imposed
Legal Topics
Employer's Duty of Care, Risk Assessment, Workplace Supervision, Sentencing, General Deterrence, Specific Deterrence
Occupational Health and Safety Criminal Law Employer's Duty of Care Risk Assessment Workplace Supervision Sentencing General Deterrence Specific Deterrence

Case Brief

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Parties

Inspector Michael Duncan

Prosecutor

Salim Sarkis

Defendant

Procedural Posture

Prosecution / Sentencing

Legal Issues

  1. 1 Whether the defendant failed to ensure the health, safety and welfare at work of all his employees contrary to s 8(1) of the Occupational Health and Safety Act 2000
  2. 2 Whether the defendant failed to adequately assess and control risks associated with dismantling and removal of the bulkhead
  3. 3 Whether the defendant failed to ensure appropriate systems of work and supervision

Ratio Decidendi

The defendant, being an employer, failed to ensure the health, safety and welfare of employees at work as required under s 8(1) of the Occupational Health and Safety Act 2000. This was by not properly assessing or controlling risks associated with the removal of a heavy bulkhead, failing to ensure appropriate systems of work, and not providing sufficient supervision. The breach was objectively serious and aggravated by the absence of supervision and inadequate risk assessment for a hazardous task, for which the defendant was found guilty and penalised.

Court Disposition

Guilty plea accepted; penalty imposed

Orders

  • The defendant is found guilty of a breach of s 8(1) of the Occupational Health and Safety Act 2000 as particularised in the Amended Application for Order.
  • The defendant is fined $8,500 with half to be paid to the prosecutor by way of moiety.