Inspector Mansell v Bernath Adler [2003] NSWIRComm 377

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Mansell v Bernath Adler [2003] NSWIRComm 377 PARTIES : WorkCover Authority of NSW (Inspector Mansell) Bernath Adler FILE NUMBER: IRC 5500 and IRC 5501 of 1999 CORAM: Curtis AJ LEGISLATION CITED : Occupational Health and Safety Act 1983 HEARING DATES: 09/15/2003; 09/16/2003; 09/17/2003; 09/18/2003; 09/19/2003; 10/07/2003; 10/08/2003; 10/09/2003; 10/10/2003; 10/27/2003; 10/28/2003; 10/29/2003; 10/30/2003 EXTEMPORE JUDGMENT DATE : 10/30/2003

Prosecutor: Mr M J Joseph SC with Mr P M Skinner Solicitors: Moray and Agnew LEGAL REPRESENTATIVES: Defendant: Mr J R Young Solicitors: James Legal

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: CURTIS AJ Date: 30 October 2003

Matter No IRC 5500 and 5501 of 1999 WORKCOVER AUTHORITY OF NEW SOUTH WALES (INSP MANSELL) v BERNATH ADLER Prosecution under section 19(a) of the Occupational Health and Safety Act 1983

JUDGMENT [2003] NSWIRComm 377 CHARGE 5501 of 1999 1 Mr Bernath Adler is charged that between 20 November 1995 and 4 December 1995 he, being an employee of Josef & Sons Contracting Pty Limited, while at work, contrary to s19(a) of the Occupational Health & Safety Act 1983, failed to take reasonable care for the health and safety of persons who were at his place of work and who may be affected by his acts or omissions at work, in that he did not take adequate precautions regarding a charged gas supply line situated in an area where construction work was designed to occur.