NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector David Singh v ABB Australia Pty Ltd [2007] NSWIRComm 62
PROSECUTOR: Inspector David Singh PARTIES: DEFENDANT: ABB Australia Pty Ltd
FILE NUMBER(S): IRC 7574 of 2004
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - alleged breach of s 8(2) - breach of s 10(1) alleged in the alternative - environmental scientist undertaking hazardous material inspection - working in roof of factory - alleged dangers of working at height and close to electrical lines powering overhead cranes - usual safety induction not carried out by defendant - no instruction given about working at height or near electrical lines - failure to ensure safety of non-employee - breach of s 8(2) established - alternative charge under s 10(1) not necessary to consider.
CASES CITED: Inspector Twynam-Perkins v Maine Lighting (1995) 100 IR 240 at 257
HEARING DATES: 19/02/07, 20/02/07, 21/02/07, 22/02/07
DATE OF JUDGMENT: 22 March 2007
PROSECUTOR: Mr R Reitano of counsel SOLICITORS: DLA Phillips Fox
LEGAL REPRESENTATIVES: DEFENDANT: Mr B Hodgkinson SC with Mrs W Thompson of counsel SOLICITORS: Middletons
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Haylen J 22 March 2007 Matter No IRC 7574 of 2004 INSPECTOR DAVID SINGH v ABB AUSTRALIA PTY LTD Prosecution under s 8(2) of the Occupational Health and Safety Act 2000, in the alternative prosecution under s 10(1) of the Occupational Health and Safety Act 2000 JUDGMENT [2007] NSWIRComm 62
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