Inspector John Sibilant v Royal Automobile Club of Australia Incorporating Imperial Services Club Ltd (No 3) [2009] NSWIRComm 11

Industrial Court of New South Wales

CITATION: Inspector John Sibilant v Royal Automobile Club of Australia Incorporating Imperial Services Club Ltd (No 3) [2009] NSWIRComm 11

PROSECUTOR: Inspector John Sibilant PARTIES: DEFENDANT: Royal Automobile Club of Australia Incorporating Imperial Services Club Ltd

FILE NUMBER(S): IRC 1887 of 2007

CORAM: Haylen J

CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - workplace accident - building and maintenance manager fatally injured - duties included electrical related work - not qualified or trained to perform such work - maintenance staff perform work on air conditioning units to adjust thermostat - adjustment required work to be performed within air conditioning units - risk of coming into contact with live electrical points - failure to carry out and implement an adequate risk assessment - failure to ensure suitably trained and qualified personnel carried out all tasks involving electrical work - failure to adequately inspect or ensure adequate inspection undertaken of electrical circuits - failure to ensure electrical supply to air conditioning unit was isolated before work performed on them - failure to ensure electrical test equipment suitable and in working order - failure to provide adequate information, instructions, training and supervision - failure to fully inform maintenance staff of what electrical work to be performed or not performed - absence of written safety rules - defendant's duty to be diligent in relation to workplace safety - charge as particularised established - defendant guilty of breaches as alleged - sentencing - serious breach - first offence - good safety record - general and specific deterrence - steps taken to address risk to safety - penalty imposed