Ins John Mulder v Primary Contracting Services Pty Ltd. Prosecution pursuant to 8(1) of the OH&S Act 2000 [2008] NSWIRComm 12

Industrial Court of New South Wales

CITATION: Ins John Mulder v Primary Contracting Services Pty Ltd. Prosecution pursuant to 8(1) of the OH&S Act 2000 [2008] NSWIRComm 12

PROSECUTORS: Inspector John Mulder and Inspector Stephen Jones PARTIES: DEFENDANTS: Primary Contracting Services Pty Ltd and Narelle Pamela Davies

FILE NUMBER(S): IRC 242 and 472 of 2007

CORAM: Haylen J

CATCHWORDS: Occupational Health and Safety Act 2000 - s 10(1) and s 26(1) - corporation and sole director plead guilty to breach - tomato processing plant - use of contract labour arranged through defendant corporation - contract for supply of contractors required provision of safe workplace - defendant corporation to provide induction training then contractors handed over to factory operator for on-the-job training - contractor working in loading area and hit by forklift truck - absence of specific training and direction prohibiting or restricting pedestrians entering loading area - contractor suffers multiple injuries and unable to resume pre-injury employment - particulars of breach not accepted by defendants - issue of degree of control able to be exercised by corporation over premises operated by client - substantial but not total control found to rest in hands of defendant corporation - serious breach established - general and specific deterrence considered - early plea and clean record operate to mitigate penalty - penalty imposed

Inspector Mulder v Rorato Nominees Pty Ltd and Inspector Jones v Sergio Rorato [2008] NSWIRComm 13 CASES CITED: Inspector Page v Growth Equities Services Pty Ltd [1994] NSWIRComm 95 McMillan Britton & Kell v WorkCover Authority (1999) 89 IR 464