Inpector Amanda Templeton v Pirelli Cables Australia Limited [2003] NSWIRComm 177

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inpector Amanda Templeton v Pirelli Cables Australia Limited [2003] NSWIRComm 177 Prosecution: PARTIES : Inspector Amanda Templeton Defendant: Pirelli Cables Australia Limited FILE NUMBER: IRC7735 of 2001 CORAM: Kavanagh J CATCHWORDS : Section 15(1) offence under Occupational Health and Safety Act 1983 - failure of defendant company to ensure the safety of employees in a system of work which required movement of persons and equipment over unsecured metal plates covering a lubricant pit - failure to conduct an adequate risk assessment - failure to warn employees of known risk to safety associated with work on or near lubricant pits covered with unsecured metal plates before incident - failure to address known risk as revealed in breach until after question of liability is determined - without risk assessment, risk to safety at worksite continued - subjective features considered - penalty LEGISLATION CITED : Occupational Health and Safety Act 1983 Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales (Inspector James Swee Ch'ng) (1999) 90 IR 464 CASES CITED : Capral Aluminium Limited v. WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) (2000) 49 NSWLR 610, (1999-2000) 99 IR 29 R v Thomson, R v Houlton (1999-2000) 49 NSWLR 383, (2000) 115 A Crim R 104 Caltex Refining Co Pty Limited v Maritime Services Board of NSW (1995) 36 NSWLR 552 HEARING DATES: 04/24/2003 DATE OF JUDGMENT: 06/06/2003