Inspector Jim Allison v Australian Water Services Pty Ltd. [2004] NSWIRComm 378

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Jim Allison v Australian Water Services Pty Ltd. [2004] NSWIRComm 378 PARTIES : Inspector Jim Allison v Australian Water Services Pty Ltd. FILE NUMBER: IRC 4630 of 2003 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act 2000 - s 8(2) - plea of guilty - unplanned work to be performed by contractors in course of specific task - failure to apply usual work clearance procedures - work involved standing on grate - grate not properly seated - contracted workers fall 9 metres - serious breach - general and specific deterrence - early plea and subjective factors generally lead to 35 per cent discount on penalty - penalty imposed

HEARING DATES: 12/03/2004 EXTEMPORE JUDGMENT DATE : 12/03/2004

PROSECUTOR: Ms P McDonald of counsel SOLICITORS: Carroll & O'Dea LEGAL REPRESENTATIVES: DEFENDANT: Mrs W Thompson of counsel SOLICITORS: Freehills

JUDGMENT: 1

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: HAYLEN J 3 December 2004

MATTER NO IRC 4630 OF 2003 INSPECTOR JIM ALLISION v AUSTRALIAN WATER SERVICES PTY LIMITED Prosecution under section 8(2) of the Occupational Health and Safety Act 2000

EX TEMPORE JUDGMENT [2004] NSWIRComm 378

1. In this matter the defendant, Australian Water Services Pty Limited, has pleaded guilty to a breach alleged under section 8(2) of the Occupational Health and Safety Act 2000. The breach to which it has pleaded is contained in an amended application for order. The essence of the charge is set out in paragraph 2 of that amended application and is in these terms: The defendant failed to ensure that persons other than their employees, and in particular Messrs Ferris and Black, were not exposed to risk to their health or safety arising from the conduct of the defendant's undertaking while these men were at the defendant's place of work, in that the defendant failed to ensure that the area of the grate could not be accessed by persons such as Messrs Ferris and Black in circumstances where the grate had been destabilised by the presence of the lay flat hose.