Inspector David Singh v Michael Angelo Petrozzi trading as Consulting Earth Scientists [2006] NSWIRComm 35

Industrial Relations Commission of New South Wales

CITATION: Inspector David Singh v Michael Angelo Petrozzi trading as Consulting Earth Scientists [2006] NSWIRComm 35

PROSECUTOR: Inspector David Singh PARTIES: DEFENDANT: Michael Angelo Petrozzi t/as Consulting Earth Scientists

FILE NUMBER(S): IRC 7575 of 2004

CORAM: Haylen J

Occupational Health and Safety Act 2000 - s 8(1) - environmental consulting business carried on by the defendant - employee electrocuted while performing work at height - failure to undertake adequate risk assessment - site safety induction not provided as arranged by defendant - employee seriously injured - early plea entered to amended application for order - penalty imposed CATCHWORDS:

HEARING DATES: 15/12/2005

DATE OF JUDGMENT: 02/10/2006

PROSECUTOR: Ms P McDonald of counsel SOLICITORS: Phillips Fox LEGAL REPRESENTATIVES:

DEFENDANT: Mr M Cahill of counsel SOLICITORS: Sparke Helmore

JUDGMENT: INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: HAYLEN J 10 February 2006

Matter No IRC 7575 of 2004 INSPECTOR DAVID SINGH v MICHAEL ANGELO PETROZZI t/as CONSULTING EARTH SCIENTISTS Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 JUDGMENT [2006] NSWIRComm 35

1 Since 1995, Michael Angelo Petrozzi has carried on business trading as Consulting Earth Scientists, a business concerned with the conduct of environmental site assessments, site remediation, landfill design, environmental monitoring and environmental and geo-technical engineering. Initially, Mr Petrozzi practised by himself but ultimately came to employ a small number of people so that, by December 2002 and January 2003, there was a small number of people engaged in this undertaking. One such person was Mr Stephen McCormack who was employed at the end of July 2002 as a senior environmental engineer. 2 On 14 January 2003, Mr McCormack was working at a site in Bay Street, Botany. In the course of inspecting the roof area of a factory for the presence of asbestos, he received severe burns when he came into contact with live cabling used to power overhead cranes at the site. 3 Following an investigation of this incident by the WorkCover Authority, Inspector Singh commenced proceedings against Mr Petrozzi alleging a breach of s 8(1) of the Occupational Health and Safety Act 2000. When the matter was first listed on return of the summons, Mr Petrozzi entered a plea of guilty although there continued to be discussions as to the scope of the charge and the Agreed Statement of Facts. At the sentencing hearing, Mr Petrozzi continued his plea of guilty to an Amended Application for Order. This judgment deals with the facts surrounding the incident on 14 January 2003 and the submissions made in relation to an appropriate penalty. 4 The Amended Application for Order alleged that on 14 January 2003 Mr Petrozzi, trading as Consulting Earth Scientists, contravened s 8(1) of the Occupational Health and Safety Act 2000 in that the defendant being an employer failed to ensure the health, safety and welfare at work of his employee, Mr McCormack. The particulars of the defendant's contravention were: (a) a failure to undertake an adequate risk assessment of the safety hazards to employees conducting environmental audit work at the premises at Bay Street, Botany; (b) a failure to ensure a safe system of work for the defendant's employee, Mr McCormack, while performing the task of inspecting light fittings on the underside of the roof area of the building at the premises.