SafeWork NSW v Simos Scaffolding Pty Ltd [2021] NSWDC 443

SafeWork NSW v Simos Scaffolding Pty Ltd [2021] NSWDC 443

Simos Scaffolding Pty Ltd committed a high-range work health and safety offence because it knew or ought to have known of the foreseeable risk of serious injury or death from work on scaffolding near live high voltage power lines, failed to undertake the required risk assessment, failed to erect an impenetrable hoarding or warning signs, and thereby exposed workers to catastrophic harm. Although the seriousness of the offence and the need for deterrence warranted a substantial penalty, the fine was moderated because Simos was a small business with reduced capacity to pay, then reduced by 25% for the early guilty plea.

Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Criminal Prosecution for Work Health and Safety Offence / Sentence After Guilty Plea
Outcome
Simos Scaffolding Pty Ltd was convicted and fined $150,000, with costs ordered in favour of the prosecutor.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'unsafe Proximity to Overhead High Voltage Power Lines' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'early Guilty Plea Discount' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'unsafe Proximity to Overhead High Voltage Power Lines' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'early Guilty Plea Discount' 'prosecution Costs']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether Simos Scaffolding Pty Ltd failed to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW) and thereby exposed Mr Ghanim Al-Shnen to a risk of death or serious injury contrary to s 32 of the Act.' "What penalty should be imposed having regard to objective seriousness, aggravating and mitigating factors, deterrence, the early guilty plea, and the defendant's capacity to pay." 'Whether costs and payment of part of the fine to the prosecutor should be ordered.']

Ratio Decidendi

Simos Scaffolding Pty Ltd committed a high-range work health and safety offence because it knew or ought to have known of the foreseeable risk of serious injury or death from work on scaffolding near live high voltage power lines, failed to undertake the required risk assessment, failed to erect an impenetrable hoarding or warning signs, and thereby exposed workers to catastrophic harm. Although the seriousness of the offence and the need for deterrence warranted a substantial penalty, the fine was moderated because Simos was a small business with reduced capacity to pay, then reduced by 25% for the early guilty plea.

Court Disposition

Simos Scaffolding Pty Ltd was convicted and fined $150,000, with costs ordered in favour of the prosecutor.

Orders

  • ['Simos Scaffolding Pty Ltd was convicted on 24 August 2021.' 'The appropriate fine is $200,000 but that will be reduced by 25% to reflect the early plea of guilty.' 'Order Simos Scaffolding Pty Ltd to pay a fine of $150,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to...