WorkCover Authority of New South Wales (Inspector Chadwick) v BHP Steel (AIS) Pty Limited [2000] NSWIRComm 75

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Chadwick) v BHP Steel (AIS) Pty Limited [2000] NSWIRComm 75 PROSECUTOR WorkCover Authority of New South Wales (Inspector Christopher Chadwick) PARTIES : DEFENDANT BHP Steel (AIS) Pty Limited FILE NUMBER: IRC 6503 of 1998 CORAM: Hungerford J CATCHWORDS : Occupational Health and Safety - Plea of guilty - Failure to provide and maintain a safe system of work - Fatal injury - Non-standard procedure of work adopted - Measure of degree of culpability - Subjective factors in mitigation - Fine imposed LEGISLATION CITED : Occupational Health and Safety Act 1983 s15(1) and (2) CASES CITED : Broomham v BHP Steel (AIS) Pty Limited t/as BHP Steel Flat Products Division (unreported, Hungerford J, IRC98/3440, 17 September 1999) HEARING DATES: 04/05/2000 DATE OF JUDGMENT: 05/10/2000

PROSECUTOR Mr P M Skinner of counsel SOLICITOR Mr Gregory McCann WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: DEFENDANT Mr J A Timbs QC SOLICITOR Ms L Constantine Blake Dawson Waldron

JUDGMENT: - 25 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: HUNGERFORD J Wednesday, 10 May 2000 Matter No IRC 6503 of 1998 WORKCOVER AUTHORITY OF NEW SOUTH WALES (INSPECTOR CHRISTOPHER CHADWICK) v BHP STEEL (AIS) PTY LIMITED Prosecution under s 15(1) of the Occupational Health and Safety Act 1983 JUDGMENT 1 This is a prosecution of BHP Steel (AIS) Pty Limited by Christopher Chadwick, as an inspector of the WorkCover Authority of New South Wales, for an offence against s 15(1) of the Occupational Health and Safety Act 1983. The summons set out the charge and the particulars thereof as follows : On the 12 December 1996 at Port Kembla Steelworks at Five Islands Road, Port Kembla, 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 Stanley Balding and Frank Mellado contrary to section 15(1) of the Occupational Health and Safety Act , 1983, in failing to provide and maintain systems of work in undertaking work upon an oxygen lance that were safe and without risk to health.