Inspector Charles v Wollondilly Mobile Engineering Pty Ltd (In Liq) (No 2) [2011] NSWIRComm 28

Inspector Charles v Wollondilly Mobile Engineering Pty Ltd (In Liq) (No 2) [2011] NSWIRComm 28

The offences were serious because hot work using an angle grinder and arc welder was conducted near a large quantity of combustible timber shavings, creating an obvious and foreseeable grave risk of fire or explosion causing serious injury or death; simple measures such as emptying the bin, shutting down the extraction system, avoiding hot work, conducting a risk assessment, preparing a safe work method statement, implementing a hot work permit system and providing emergency procedures were readily available but not taken. General deterrence required significant weight, specific deterrence was not significant because the defendant was in liquidation, the defendant received no plea...

Jurisdiction
Australia
Judgment Date
25 March 2011
Procedural Posture
Occupational Health and Safety Prosecution Under S 8(1) and S 8(2) of the Occupational Health and Safety Act 2000 / Sentencing and Costs After Findings of Guilt
Outcome
The offences in Matter No IRC 355 of 2009 and Matter No IRC 356 of 2009 were proven, verdicts of guilty were entered, the defendant was convicted, fined $100,000 in each matter with a moiety to the prosecutor, and ordered to pay the prosecutor's costs.
Legal Topics
['hot Work Safety' 'workplace Fire and Explosion Risk' 'employer Duty of Care' 'risk Assessment' 'safe Work Method Statement' 'hot Work Permit System' 'general Deterrence' 'specific Deterrence' 'totality' 'parity' 'costs']
['occupational Health and Safety' 'criminal Sentencing' 'industrial Law'] ['hot Work Safety' 'workplace Fire and Explosion Risk' 'employer Duty of Care' 'risk Assessment' 'safe Work Method Statement' 'hot Work Permit System' 'general Deterrence' 'specific Deterrence' 'totality' 'parity' 'costs']

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Procedural Posture

Occupational Health and Safety Prosecution Under S 8(1) and S 8(2) of the Occupational Health and Safety Act 2000 / Sentencing and Costs After Findings of Guilt

Legal Issues

  1. 1 ["What penalties should be imposed for the defendant's offences under s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000." 'Whether the offences were objectively serious having regard to the foreseeable risk of serious injury or death from fire or explosion during hot work on or about a wood shavings storage bin.' 'What weight should be given to general deterrence, specific deterrence, subjective factors, totality and parity in sentencing.' 'Whether the prosecutor should receive a moiety and costs.']

Ratio Decidendi

The offences were serious because hot work using an angle grinder and arc welder was conducted near a large quantity of combustible timber shavings, creating an obvious and foreseeable grave risk of fire or explosion causing serious injury or death; simple measures such as emptying the bin, shutting down the extraction system, avoiding hot work, conducting a risk assessment, preparing a safe work method statement, implementing a hot work permit system and providing emergency procedures were readily available but not taken. General deterrence required significant weight, specific deterrence was not significant because the defendant was in liquidation, the defendant received no plea...

Court Disposition

The offences in Matter No IRC 355 of 2009 and Matter No IRC 356 of 2009 were proven, verdicts of guilty were entered, the defendant was convicted, fined $100,000 in each matter with a moiety to the prosecutor, and ordered to pay the prosecutor's costs.

Orders

  • ['Matter No IRC 355 of 2009: The offence is proven and a verdict of guilty is entered.' 'Matter No IRC 355 of 2009: The defendant is convicted of the offence, as charged.' 'Matter No IRC 355 of 2009: The defendant is fined an amount of $100,000 with a moiety thereof to the prosecutor.' "Matter No IRC 355 of 2009:...