WorkCover Authority of New South Wales (Inspector Tyler) v Workforce Link Pty Ltd [2001] NSWIRComm 24

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Tyler) v Workforce Link Pty Ltd [2001] NSWIRComm 24 PROSECUTOR WorkCover Authority of New South Wales (Inspector Tyler) PARTIES : DEFENDANT Workforce Link Pty Ltd FILE NUMBER: IRC 4525 of 1999 CORAM: Marks J CATCHWORDS : Occupational Health & Safety Act - Prosecution under s 15(1) - Plea of guilty - Defendant a labour hire company.

LEGISLATION CITED : Occupational Health and Safety Act 1983 s 15(1) CASES CITED : Drake Personnel Ltd v WorkCover Authority of New South Wales (1999) 90 IR 432 HEARING DATES: 02/08/2001 DATE OF JUDGMENT: 03/08/2001

PROSECUTOR Ms P E McDonald of counsel SOLICITORS WorkCover Authority of NSW LEGAL REPRESENTATIVES: DEFENDANT Mr B D Hodgkinson of counsel SOLICITORS Blake Dawson Waldron

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: MARKS J

Thursday 8 March 2001

Matter No IRC 4525 of 1999

WORKCOVER AUTHORITY OF NEW SOUTH WALES (INSPECTOR TYLER) v WORKFORCE LINK PTY LTD Prosecution under s 15(1) of the Occupational Health and Safety Act 1983

JUDGMENT

INTRODUCTION

1 By amended summons the prosecutor Inspector Ian Tyler of the WorkCover Authority of New South Wales has charged the defendant Workforce Link Pty Ltd with a breach of s 15(1) of the Occupational Health and Safety Act 1983 ("the Act"). The charge as contained in the amended summons is in the following terms: On 29th August 1997 at Corner of Market and Pitt Streets, Sydney, in the State of New South Wales, the defendant being an employer DID FAIL to ensure the healthy, safety and welfare at work of all its employees, in particular Hassan Simpson, in undertaking construction work with lifts, contrary to Section 15(1) of the Occupational health and Safety Act 1983 in such case made and provided. The particulars of the charge are: 1. The defendant employed Hassan Simpson as a trades assistant. 2. The defendant, pursuant to a labour hire agreement with Schindler Lifts (Australia) Pty Ltd provided to Schindler Lifts (Australia Pty Ltd the labour services of Hassan Simpson as a trades assistant at the said construction site. 3. The defendant filed to ensure that Hassan Simpson would not fall greater than 1.8 metres in height in contravention of Regulation 79(3) of the Construction Safety Regulations. 4. The defendant failed to ensure than an overhead protection platform was provided while undertaking the installation of a lift at the construction site which would prevent any material or objects from falling onto Hassan Simpson while he performed work. 5. As a result of the said failures, Hassan Simpson suffered ,multiple injuries.