Inspector Ritchie Green v Tyre Marketers (Australia) Ltd [2007] NSWIRComm 122

Inspector Ritchie Green v Tyre Marketers (Australia) Ltd [2007] NSWIRComm 122

Tyre Marketers (Australia) Ltd breached its duty under s 8(1) of the Occupational Health and Safety Act 2000 by failing to equip its employee with suitable restraining equipment, not performing proper risk assessment, and not providing adequate training or ensuring adherence to safety procedures for off-site tyre inflation, thus exposing employees to foreseeable risk of serious injury for which simple preventive measures were available.

Parties
Prosecutor: Inspector Ritchie Green; Defendant: Tyre Marketers (Australia) Ltd
Jurisdiction
Australia
Judgment Date
01 May 2007
Procedural Posture
Prosecution / Sentence
Outcome
conviction and penalty imposed
Legal Topics
Workplace Safety, Risk Assessment, Employer Duties, Penalty, Injury at Work
Occupational Health and Safety Industrial Law Workplace Safety Risk Assessment Employer Duties Penalty Injury at Work

Case Brief

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Parties

Inspector Ritchie Green

Prosecutor

Tyre Marketers (Australia) Ltd

Defendant

Procedural Posture

Prosecution / Sentence

Legal Issues

  1. 1 Whether Tyre Marketers (Australia) Ltd breached s 8(1) of the Occupational Health and Safety Act 2000 by failing to ensure the health and safety of its employees.
  2. 2 Whether the defendant's systems, equipment, training and supervision for off-site tyre inflation were adequate to address known risks.

Ratio Decidendi

Tyre Marketers (Australia) Ltd breached its duty under s 8(1) of the Occupational Health and Safety Act 2000 by failing to equip its employee with suitable restraining equipment, not performing proper risk assessment, and not providing adequate training or ensuring adherence to safety procedures for off-site tyre inflation, thus exposing employees to foreseeable risk of serious injury for which simple preventive measures were available.

Court Disposition

conviction and penalty imposed

Orders

  • The defendant is found guilty of a breach of s 8(1) of the Occupational Health & Safety Act 2000 as particularised in the Amended Application for Order in matter IRC 5976 of 2005.
  • The defendant is fined the sum of $105,000 with half that sum to be paid to the prosecutor by way of moiety.