NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Michael Salmon v BB Wool Skins (Australia) Pty Ltd [2003] NSWIRComm 420 Inspector Michael Salmon PARTIES : BB Wool Skins (Australia) Pty Ltd TC Management Services Ltd FILE NUMBER: IRC 403 and IRC 406 of 2002 CORAM: Curtis AJ CATCHWORDS : Occupational health and safety - plea of guilty LEGISLATION CITED : Occupational Health and Safety Act 1983 Inspector Penfold v Camillo Box Co Pty Ltd [1997] NSWIRComm 19 CASES CITED : Haynes v C I & D (1995) 60 IR 455 Mainbrace Constructions Pty Ltd v WorkCover Authority of NSW (Inspector Charles) (2000) 102 IR 84 HEARING DATES: 11/24/2003 EXTEMPORE JUDGMENT DATE : 11/24/2003
PROSECUTOR:Mr D Jordan of counsel SOLICITORS: Carroll and O'Dea LEGAL REPRESENTATIVES: DEFENDANT: Mr M Cahill of counsel SOLICITORS: Turner Freeman
JUDGMENT: - 5 - INDUSTRIAL RELATIONS COMMISSIONOF NEW SOUTH WALES IN COURT SESSION
CORAM: CURTIS AJ 24 NOVEMBER 2003
IRC 403 of 2002 INSPECTOR MICHAEL SALMON v BB WOOL & SKINS (AUSTRALIA) PTY LIMITED
Prosecution under section 16(1) of the Occupational Health and Safety Act 1983.
IRC 406 of 2002 INSPECTOR MICHAEL SALMON v TC MANAGEMENT SERVICES LIMITED
Prosecution under section 15(1) of the Occupational Health and Safety Act 1983. EX TEMPORE JUDGMENT
1 The defendant pleads guilty to a charge brought pursuant to s 16(1) of the Occupational Health and Safety Act 1983 in that on 6 June 2000 an employee of an associated company, TC Management Services Limited was exposed at the defendant's place of work to a risk of injury occasioned by the use of a de-burring machine. On that day Mr Steven Jenner who only commenced work with the second defendant on 15 May 2000 leant forward as he fed a sheepskin into a de-burring machine and found that his right hand and forearm were dragged into the machine trapping him by the rollers up to his elbow. The blades of the machine struck his left arm causing such serious injuries that the arm was later surgically amputated above the elbow.
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