Inspector Paul Mansell v Anytime Industrial Services Pty Limited [2001] NSWIRComm 237

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Paul Mansell v Anytime Industrial Services Pty Limited [2001] NSWIRComm 237 PROSECUTOR: PARTIES : Inspector Paul Mansell DEFENDANT: Anytime Industrial Services Pty Limited FILE NUMBER: IRC3913 of 2000 CORAM: Kavanagh J CATCHWORDS : Prosecution under s15(1) of the Occupational Health and Safety Act 1983 - plea of guilty entered - as to penalty the question of level of culpability of defendant relevant - Principal, a large established corporation contracted out maintenance work to defendant company - contractor adopts all site safety procedures of the Principal - an established risk assessment followed but work method chosen created a serious risk to safety - absolute obligation of contractor for site safety - site safety procedures adopted for risk assessment and work method must empower contractor/employers on site in the decision making process commensurate with their responsibilities under the Act - mitigation as to early plea - corporate reputation/character as well as industrial record given consideration in determination as to penalty LEGISLATION CITED : Occupational Health and Safety Act 1983 Lawrence Diecasting Pty Limited v WorkCover Authority of New South Wales (Insp James Swee Ch'ng) (1999) 90 IR 464 Haynes v James Glass and Aluminium Pty Limited (unreported, CT91/772-775, 20 May 1994) WorkCover Authority of NSW (Insp Ankucic) v McDonald's Australia Limited & Anor 95 IR 383 CASES CITED : Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority of NSW (Insp Ch'ng) 90 IR 432 Hollis v Vabu Pty Ltd [2001] HCA 44, 9 August 2001 Nesmat Pty Limited v WorkCover Authority of NSW 87 IR 312 Wong v Melinda Group Pty Limited 82 IR 118 R v Carter [2001] NSW CCA 245 HEARING DATES: 08/08/2001; 08/09/2001; 08/30/2001 DATE OF JUDGMENT: 10/12/2001