WorkCover Authority of New South Wales (Inspector Plowright) v Forgacs Engineering Pty Ltd [2000] NSWIRComm 226

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Plowright) v Forgacs Engineering Pty Ltd [2000] NSWIRComm 226 PROSECUTOR PARTIES : WorkCover Authority of New South Wales (Inspector Plowright) DEFENDANT Forgacs Engineering Pty Ltd FILE NUMBER: IRC150 of 2000 CORAM: Marks J CATCHWORDS : Occupational health and safety prosecution - Plea of guilty - Failure to structure and supervise work LEGISLATION CITED : Occupational Health and Safety Act 1983 s 15(1) CASES CITED : WorkCover Authority of NSW (Inspector Shepherd) v The State Rail Authority of NSW (2000) NSWIRComm 179 R v Thomson, R v Houlton (2000) NSW CCA 309 HEARING DATES: 11/06/2000 DATE OF JUDGMENT: 11/20/2000

PROSECUTOR Mr B G Docking of counsel SOLICITORS WorkCover Authority of NSW LEGAL REPRESENTATIVES: DEFENDANT Mr R S Warren of counsel SOLICITORS Sparke Helmore

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: MARKS J

Monday, 20 November 2000

Matter No IRC 150 of 2000

WorkCover Authority of New South Wales (Inspector Colin Plowright) v Forgacs Engineering Pty Ltd

Prosecution under s 15(1) of the Occupational Health & Safety Act 1983

JUDGMENT

INTRODUCTION

1 The defendant, Forgacs Engineering Pty Ltd has pleaded guilty to a charge brought by prosecutor Inspector Colin Plowright of the WorkCover Authority of New South Wales alleging a breach of s 15(1) of the Occupational Health and Safety Act 1983 ("the Act"). 2 The charge as contained within an amended summons is in the following terms: On 19 January 1998 at Forgacs Floating Dock in Denison Street, Carrington, in the State of New South Wales, the defendant, being an employer DID FAIL to ensure the health, safety and welfare at work of all its employees, and in particular, Malcolm Dennis Phillips, 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 failed to provide and maintain systems of work for the transport of large items such as hoppers on site. In particular, the defendant failed: a. to conduct risk assessments of foreseeable hazards to health and safety arising from the movement of large, heavy items on site such as hoppers. b. to ensure that loads placed on trucks were stable and secure. 2. The defendant failed to provide employees with such information, instruction and training as may be necessary to ensure that the hazard of transporting large items such as hoppers on the site was identified, and able to be done safely. 3. As a result of the said failures, the defendant's employee Malcolm Dennis Phillips drowned. 3 Section 15(1) of the Act is in the following terms: 15(1) Every employer shall ensure the health, safety and welfare at work of all the employer's employees.