NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Jones v JT & LC Tippett Pty Ltd and Anor [2007] NSWIRComm 26 This decision has been amended. Please see the end of the judgment for a list of the amendments.
Prosecutor: Inspector Stephen Jones
PARTIES: First defendant: JT & LC Tippett
Second defendant: RD & LF Tippett
FILE NUMBER(S): IRC 2587 and 2588 of 2005
CORAM: Backman J
CATCHWORDS: Occupational health and safety prosecutions - defended hearings under s 8(1) of the Occupational Health and Safety Act 2000 - employee suffers serious injuries when cleaning debris from counter-rotating rollers on a potato harvester known as a Grimme Windrower while Power Take Off (PTO) was engaged - relevant risk to safety - alleged failures to provide and maintain a safe system of work and to provide an adequate system of isolating the rollers while they were being cleaned considered - alleged failure to ensure that rollers were adequately guarded considered - held: failure to provide adequate instructions to employee for cleaning the rollers proven - held: failure to provide a system of adequate isolation while cleaning the plant, as a result of inadequate instructions and the failure to provide an interlocking guard proven - held: failure to ensure rollers adequately guarded not proven - held: failure to provide an adequate system of isolating the plant while cleaning the rollers by reason of failing to provide an emergency stop button or trip device were not proven - s 28 defences - held: s 28 defences made out in relation to failure to provide an adequate system of isolating the Windrower while cleaning the rollers as a result of the failure to provide an interlocking guard - held: s 28 defences not made out in relation to failures to provide a safe system for the cleaning of the Windrower and an adequate system of isolating the Windrower by reason of adequate instructions for the cleaning of the rollers - both defendants found guilty of an offence under s 8(1) - orders.
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