Safe Work NSW v Wholesale Joinery Pty Limited [2018] NSWDC 91

Safe Work NSW v Wholesale Joinery Pty Limited [2018] NSWDC 91

The offender failed to comply with its health and safety duties by not systematically identifying and controlling the risks associated with dismantling a cool room, specifically failing to provide a Safe Work Method Statement and adequate fall protection, thereby exposing workers to significant and foreseeable risk of serious injury. The penalty must reflect the objective seriousness, harm caused, and the need for both general and specific deterrence, mitigated by the offender's prior good record, contrition, cooperation, and remedial steps taken.

Jurisdiction
Australia
Judgment Date
16 April 2018
Procedural Posture
Criminal / Sentence
Outcome
The offender is convicted and fined.
Legal Topics
['work Health and Safety Offence' 'sentencing Principles' 'high Risk Construction Work' 'employer Obligations' 'duty of Care' 'injury at Workplace' 'mitigating and Aggravating Factors' 'remorse and Contrition' 'general and Specific Deterrence']
['criminal Law' 'work Health and Safety'] ['work Health and Safety Offence' 'sentencing Principles' 'high Risk Construction Work' 'employer Obligations' 'duty of Care' 'injury at Workplace' 'mitigating and Aggravating Factors' 'remorse and Contrition' 'general and Specific Deterrence']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the offender failed to comply with its health and safety duty under section 19(1) Work Health and Safety Act 2011, thereby exposing a worker to risk of death or serious injury in contravention of section 32 of the Act' 'Appropriate sentence for the offence having regard to mitigating and aggravating circumstances']

Ratio Decidendi

The offender failed to comply with its health and safety duties by not systematically identifying and controlling the risks associated with dismantling a cool room, specifically failing to provide a Safe Work Method Statement and adequate fall protection, thereby exposing workers to significant and foreseeable risk of serious injury. The penalty must reflect the objective seriousness, harm caused, and the need for both general and specific deterrence, mitigated by the offender's prior good record, contrition, cooperation, and remedial steps taken.

Court Disposition

The offender is convicted and fined.

Orders

  • ['The offender is convicted.' 'A fine of $120,000 is imposed.' 'Pursuant to section 122(2) Fines Act 1996, 50% of the fine is to be paid to the prosecutor.' "The offender is to pay prosecutor's costs as agreed in the sum of $25,000."]