NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Farid Katf v L.O.D. Co-Operative Haulage & Transport Ltd and Inspector Farid Katf v L.O.D. Co-Operative Haulage & Transport Ltd. [2006] NSWIRComm 150
PROSECUTOR: Inspector Farid Katf PARTIES: DEFENDANT: L.O.D. Co-Operative Haulage & Transport Ltd.
FILE NUMBER(S): IRC 2405 & 2406 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - two offences within five weeks of each other - amended application for order in one matter followed by pleas of guilty being entered in both matters - transport co-operative becomes involved in manufacturing and packaging of sodium sulphate - use of conveyor system and hoppers to package product - conveyor system not adequately guarded for period of three years before accidents - in first accident employee's arm broken in conveyor system - in second accident senior employee's arm amputated in conveyor system not isolated during cleaning and maintenance contrary to defendant's unwritten system of safety - principle of totality applied - serious breach established in each case - general and specific deterrence considered - substantial subjective factors - defendant without blemish in 60 years of operation but only recently engaged in packaging sodium sulphate using conveyor system - existence of a safety system including guarding prior to accident but systems inadequate - offences proved - fines imposed
CASES CITED: R v Thomson; R v Houlton (2000) 49 NSWLR 383
HEARING DATES: 19/04/06
DATE OF JUDGMENT: 05/04/2006
PROSECUTOR Mr D O'Neil Legal Group WorkCover Authority of NSW LEGAL REPRESENTATIVES:
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