Inspector Vierow v Blue Water Boating Pty Ltd [2001] NSWIRComm 179

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Vierow v Blue Water Boating Pty Ltd [2001] NSWIRComm 179 PROSECUTOR Inspector Maurice Vierow PARTIES : DEFENDANT Blue Water Boating Pty Limited FILE NUMBER: IRC4595 of 2000 CORAM: Peterson J CATCHWORDS : Occupational health and safety - s15(1) - failing to provide and maintain a safe system for the erection of brickwork - steel platforms upon which bricks were stored - mesh guards removed to permit the forklift to load bricks - steel basket containing scaffolding fittings located under platform - foreman absent for a few minutes - scaffolder struck by falling bricks - direct supervision - obvious or foreseeable risk to safety - safe system of work only if every element of it operated successfully - not a safe system of work - serious risk - plea of guilty - discount for - convicted and penalty imposed. LEGISLATION CITED : Occupational Health and Safety Act 1983 Lawrenson Diecasting v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 at 476 R v Winchester (1992) 58 A.Crim.R 345 at 350 R v Thompson, R v Houlton [2000] NSWCCA 309 CASES CITED : WorkCover Authority of NSW (Inspector Sheppard) v The State Rail Authority of NSW [2000] NSW IRComm 179 at paragraph 40 R v Ellis (1986) 6 NSWLR 603 at 604 Haynes v C.I.& D. Manufacturing (1994) 60 IR 149 at 159 Boral Gas (NSW) Pty Ltd v Magill (1995) 58 IR 363 Regina v Carter, Unreported [2001] NSWCCA 245, 27 June 2001. HEARING DATES: 06/06/2001 DATE OF JUDGMENT: 08/08/2001