WorkCover Authority of NSW (Insp Lyons) v Warman International Ltd [2001] NSWIRComm 62

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of NSW (Insp Lyons) v Warman International Ltd [2001] NSWIRComm 62 PROSECUTOR: WorkCover Authority of New South Wales PARTIES : DEFENDANT: Warman International Limited FILE NUMBER: IRC773 of 2000 CORAM: Walton J Vice-President CATCHWORDS : Occupational Health and Safety - Defendant operated a foundry as part of its manufacturing business - Operations required transfer of molten metal from furnace for further processing - Injury to employee involved in transfer of molten metal - Process resulting in injury not a normal method of operation - Detriments to safety arising from non-vertical lifting procedure manifest - Plea of guilty accepted by Court - Principles for sentencing - Risk of injury reasonably foreseeable but not foreseen - Absence of risk assessment - Even if not regular work practice employer must have constant vigilance - General and specific deterrence relevant even if industry is hazardous - Simple avoidable measures available - Injury incurred by employee does not indicate extent of seriousness - Serious matter - Prior record - Subjective features - Defendant had gone to considerable effort and expense to provide a safe workplace - Early plea of guilty - Expression of contrition - Co-operation - Remedial work completed to improve safety - Penalty imposed LEGISLATION CITED : Occupational Health and Safety Act 1983 s15 s51A Alcatel Australia Limited v WorkCover Authority of New South Wales (Inspector Clyant) (1996) 70 IR 99 Axer Pty Ltd v Environmental Protection Authority (unreported, Court of Criminal Appeal, Matter No. 60763 of 1992, 22 November 1993) Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Fisher v Samaras Industries Pty Ltd (1996) 82 IR 384 Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 R v Thompson, R v Houlton (2000) 49 NSWLR 383 CASES CITED : Tyler v Sydney Electricity (1993) 47 IR 1 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited and another (2000) 95 IR 383 at 427 WorkCover Authority of New South Wales (Inspector Gregory Thomas Dawson) v Waugh & Thora Saw Milling Pty Ltd (1995) 59 IR 89 WorkCover Authority of NSW (Inspector Dubois) v Warman International Limited (1999) 87 IR 30 WorkCover Authority of NSW (Inspector Kelsey) v University of Sydney (unreported, Hill J, Matter No. CT1280 of 1995, 2 April 1997) WorkCover Authority of NSW (Inspector May) v Warman International Ltd (unreported, Marks J, Matter No. IRC3166 of 1997, 9 September 1998) WorkCover Authority of NSW (Inspector Sheppard) v The State Rail Authority of NSW [2000] NSWIRComm 179 HEARING DATES: 08/11/2000 DATE OF JUDGMENT: 05/09/2001