Ins Richard Mulder v Girotto Precast Pty Ltd. Prosecution under s 8(2) of the OH&S Act 2000 and Ins Richard Mulder v Giuseppe Girotto. Prosecution pursuant to s 26(1) and s 8(2) of the OH&S Act 2000 [2008] NSWIRComm 94

Industrial Court of New South Wales

CITATION: Ins Richard Mulder v Girotto Precast Pty Ltd. Prosecution under s 8(2) of the OH&S Act 2000 and Ins Richard Mulder v Giuseppe Girotto. Prosecution pursuant to s 26(1) and s 8(2) of the OH&S Act 2000 [2008] NSWIRComm 94

PROSECUTOR: Inspector Richard Mulder

DEFENDANTS: Girotto Precast Pty Ltd PARTIES: and Giuseppe Girotto

FILE NUMBER(S): IRC 151 and 152 of 2007

CORAM: Haylen J

Occupational Health and Safety Act 2000 - s 8(2) s 26(1) - laying of precast floor planks by sub-contractor - use of temporary support - failure of temporary support - heavy floor planks fall killing principal sub-contractor and injuring three of his employees - inadequacy of temporary supports - insufficient plank end support - design fault in planks - pleas of guilty entered by corporate defendant and managing director - significant failures in safety system despite extensive existing safety system - remedial steps not difficult to take - serious breach established - early pleas - significant role for general and specific deterrence - numerous subjective factors considered - penalty imposed on corporate defendant - managing director seeks benefit of order under s 10 Sentencing Act - principles considered - no prior record - good industrial and community citizenship established - changing managerial role - managing director establishes hierarchy of senior managers to develop and maintain safety systems - director not truly hands on regarding safety - psychologist report raises issues about health and mental condition of director - death of sub-contractor and other deaths dwelt upon by director - s 10 application granted - director ordered to enter two year good behaviour bond. CATCHWORDS: Crimes (Sentencing Procedure) Act 1999 - s 10 - principles applicable in occupational health and safety prosecutions - director placed on two year good behaviour bond