Inspector Mansell v Daniel Josef [2003] NSWIRComm 374

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Mansell v Daniel Josef [2003] NSWIRComm 374 PARTIES : Workcover Authority of NSW (Inspector Mansell) Daniel Josef FILE NUMBER: IRC 5496 and IRC 5497 of 1999 CORAM: Curtis AJ LEGISLATION CITED : Occupational Health and Safety Act 1983 HEARING DATES: 09/15/2003; 09/16/2003; 09/17/2003; 09/18/2003; 09/19/2003; 10/07/2003; 10/08/2003; 10/09/2003; 10/10/2003; 10/27/2003; 10/28/2003; 10/29/2003; 10/30/2003 EXTEMPORE JUDGMENT DATE : 10/30/2003

Prosecutor: Mr M J Joseph SC with Mr P M Skinner Solicitors: Moray and Agnew LEGAL REPRESENTATIVES: Defendant: Mr J R Young of counsel Solicitors: James Legal

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: CURTIS AJ Date: 30 October 2003

Matter No IRC 5496 and 5497 of 1999 WORKCOVER AUTHORITY OF NEW SOUTH WALES (INSP MANSELL) v DANIEL JOSEF Prosecutions under section 19(a) of the Occupational Health and Safety Act 1983

JUDGMENT [2003]NSWIRComm 374 CHARGE 5497 of 1999 1 Daniel Richard Josef is charged that between 10 November 1995 and 4 December 1995 at Kogarah in the state of New South Wales, being an employee of Josef & Sons Contracting Pty Ltd, while at work he, contrary to s19(a) of the Occupational Health & Safety Act 1983, failed to take reasonable care for the health and safety of persons who were at his place of work and who may be affected by his acts or omissions at work in that he did not take adequate precautions regarding a charged gas supply line situated in an area where construction work was designed to occur.