Rodney Dale Morrison v Rio Tinto Coal (NSW) Pty Ltd [2007] NSWIRComm 78

Industrial Court of New South Wales

CITATION: Rodney Dale Morrison v Rio Tinto Coal (NSW) Pty Ltd [2007] NSWIRComm 78

PROSECUTOR: Rodney Dale Morrison PARTIES: DEFENDANT: Rio Tinto Coal (NSW) Pty Ltd

FILE NUMBER(S): IRC 2368 of 2006

CORAM: Haylen J

CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(2) - guilty plea entered - mine operator engages specialist tyre changing service - tyre changing of heavy load mining vehicles by purpose built tyre changer crane - system of work involved two people - operator with remote control and tyre fitter - contractor's safety rules required tyre fitter to be clear of crane grabs and load - no provision made for operation to stand clear of load - part of operation required operator to stand behind heavy vehicle wheel while lining up with wheel drum - operator crushed by 4 tonne tyre against rear of truck fitted with crane apparatus - fatality - mine operator exercises considerable control over contractors working on site - no separate or different safe working directions given to tyre contractor for heavy vehicle tyre changing operation - mine operator aware of two crush injuries using different Vehicle Loading Cranes at other operations - mine operator utilises system of safety audit - risk readily observable - significant documented and enforced safety system - prompt action taken to address risk exposed by accident - serious breach - risk of crush injury foreseeable - effective remedial steps available - general deterrence - reduced role for specific deterrence - first offence in 10 years of operation in hazardous industry - early plea - substantial subjective factors - family Victim Impact Statements received - appropriate for same penalty to be imposed on both defendants notwithstanding prior conviction of contractor - penalty imposed