SafeWork NSW v Saunders Civilbuild Pty Ltd [2021] NSWDC 505

SafeWork NSW v Saunders Civilbuild Pty Ltd [2021] NSWDC 505

The video was relevant because its content, including advice that workers should not access the backs of trucks or trailers, should work from the ground where possible, and should use pre-slinging, together with the defendant's post-incident use of the video and Safety Alert, was capable of rationally affecting the assessment of whether the defendant took all reasonably practicable steps to train workers not to access the back of trucks or trailers and to work from the ground.

Jurisdiction
Australia
Judgment Date
22 September 2021
Procedural Posture
Criminal / Procedural Ruling on the Defendant's Relevance Objection to the Tender of a Safe Work NSW Video
Outcome
The defendant's relevance objection was rejected and the video was admitted as Exhibit 5.
Legal Topics
['relevance' 'admissibility of Evidence' 'reasonably Practicable Steps' 'worker Training and Supervision' 'falls From Trucks and Trailers']
['evidence' 'work Health and Safety' 'criminal Law'] ['relevance' 'admissibility of Evidence' 'reasonably Practicable Steps' 'worker Training and Supervision' 'falls From Trucks and Trailers']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling on the Defendant's Relevance Objection to the Tender of a Safe Work NSW Video

Legal Issues

  1. 1 ['Whether the SafeWork NSW video entitled "Falls from Flatbed Trucks and Trailers Safety Alert" was relevant within the meaning of s 55 Evidence Act 1995.' 'Whether the video was capable of rationally affecting the assessment of whether the defendant took all reasonably practicable steps to train workers not to access the back of trucks or trailers and to work from the ground.']

Ratio Decidendi

The video was relevant because its content, including advice that workers should not access the backs of trucks or trailers, should work from the ground where possible, and should use pre-slinging, together with the defendant's post-incident use of the video and Safety Alert, was capable of rationally affecting the assessment of whether the defendant took all reasonably practicable steps to train workers not to access the back of trucks or trailers and to work from the ground.

Court Disposition

The defendant's relevance objection was rejected and the video was admitted as Exhibit 5.

Orders

  • ['The SafeWork NSW video entitled "Falls from Flatbed Trucks and Trailers Safety Alert" is admitted as Exhibit 5 in the proceedings.']