NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Victor Page v Rail Infrastructure Corporation [2007] NSWIRComm 180
PROSECUTOR: Inspector Victor Page PARTIES: DEFENDANT: Rail Infrastructure Corporation
FILE NUMBER(S): IRC 2607 of 2006
CORAM: Haylen J
Occupational Health and Safety Act 2000 - s 8(1) - alleged breach by Rail Infrastructure Corporation - use of work teams to maintain poles carrying various electrical lines - workplace documents direct work to be carried out "clear" of nominated poles - member of team works on excluded pole and receives electric shock - fall injury leading to paraplegia - confusion amongst work team as to requirement of other workplace documents nominating maintenance work on excluded pole - despite training and safety rules employees not aware of presence of live cable on pole - system of safety at workplace did not ensure safety of employees - breach established - defence not made out CATCHWORDS:
HEARING DATES: 02/07/07, 03/07/07, 04/07/07, 05/07/07, 06/07/07, 09/07/07,10/07/07
DATE OF JUDGMENT: 24 July 2007
PROSECUTOR: Mr A Casselden of counsel SOLICITORS: WorkCover Authority of New South Wales LEGAL REPRESENTATIVES:
DEFENDANT: Mr I Neil SC and Mr M J Heath of counsel SOLICITORS: Moray & Agnew
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: HAYLEN J 24 July 2007 Matter No IRC 2607 of 2006 INSPECTOR VICTOR PAGE v RAIL INFRASTRUCTURE CORPORATION Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 JUDGMENT [2007] NSWIRComm 180
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