Inspector Olive v Transfield Pty Limited [2001] NSWIRComm 295

Inspector Olive v Transfield Pty Limited [2001] NSWIRComm 295

Transfield Pty Limited was guilty of failing to ensure employee health and safety under s15(1) of the Occupational Health and Safety Act 1983, with aggravating factors being lack of a documented work procedure, foreseeability and actual risk resulting in injury, and a poor recent industrial record; mitigating factors included post-incident remedial action, corporate contrition, and good character evidence, and a discount was applied for early guilty plea.

Parties
Prosecutor: Inspector Paul Olive; Defendant: Transfield Pty Limited
Jurisdiction
Australia
Judgment Date
23 November 2001
Procedural Posture
Prosecution / Judgment
Outcome
guilty
Legal Topics
Workplace Health and Safety, Safe Systems of Work, Employer Obligations, Criminal Penalty, Sentencing, Deterrence
Industrial Law Occupational Health and Safety Workplace Health and Safety Safe Systems of Work Employer Obligations Criminal Penalty Sentencing Deterrence

Case Brief

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Parties

Inspector Paul Olive

Prosecutor

Transfield Pty Limited

Defendant

Procedural Posture

Prosecution / Judgment

Legal Issues

  1. 1 whether the defendant failed to ensure the health, safety and welfare at work of employees as required by s15(1) of the Occupational Health and Safety Act 1983
  2. 2 whether the defendant failed to provide or maintain a safe system of work for dual crane lifts
  3. 3 consideration of deterrence, corporate record, and mitigation in sentencing

Ratio Decidendi

Transfield Pty Limited was guilty of failing to ensure employee health and safety under s15(1) of the Occupational Health and Safety Act 1983, with aggravating factors being lack of a documented work procedure, foreseeability and actual risk resulting in injury, and a poor recent industrial record; mitigating factors included post-incident remedial action, corporate contrition, and good character evidence, and a discount was applied for early guilty plea.

Court Disposition

guilty

Orders

  • The defendant is fined $140,000 with a moiety to the WorkCover Authority.
  • Costs are to be agreed or assessed with leave to approach the court for final orders.