Inspector Patton v Western Freight Management Pty Ltd [2008] NSWIRComm 217

Industrial Court of New South Wales

CITATION: Inspector Patton v Western Freight Management Pty Ltd [2008] NSWIRComm 217

PROSECUTOR Inspector John Patton PARTIES: DEFENDANT Western Freight Management Pty Limited

FILE NUMBER(S): IRC 3547 of 2006

CORAM: Boland J President

CATCHWORDS: Occupational Health and Safety - Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 - Road Transport industry - Fatality - Employee crushed by reversing truck - Not guilty plea - Jurisdiction - Whether approach taken by the Industrial Court to the duty imposed by s 8(1) had meant that the duty was incapable of being complied with - Absolute liability - Reasonable foreseeability - Honest and reasonable mistake of fact - Contention that an employer could only be held liable under s 8(1) if the risk was reasonably foreseeable or, alternatively, the defence of honest and reasonable mistake of fact is available as a defence, not made out - Identification of the risk - Analogy of labour hire - Whether there was a failure to provide safe system of work - Whether there was a failure to undertake a risk assessment - Whether there was a failure to ensure that sufficient room was available so that line haul prime movers and trailers could safely access and exit the premises - Defences considered under s 28 of the Occupational Health and Safety Act 2000 - Defendant found guilty

Constitutional Reform Act 2005 (UK) Crimes Act 1900 LEGISLATION CITED: Factories Act 1961 (UK) Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Occupational Health, Safety and Welfare Act 1986 (SA)