NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Ken Kumar v John Julian Rose [2006] NSWIRComm 325
PROSECUTOR: Inspector Ken Kumar PARTIES: DEFENDANT: John Julian Rose
FILE NUMBER(S): IRC 152 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - s 26(1) - director pleads guilty during course of trial - specialist container wash operation - use of combustible chemicals - explosion results in death of employee - lack of uniform wash procedures - work performed in confined space - risk of ignition of flammable cleaning agents - failure to conduct risk assessment - requirement for earthing of facility not observed - failure to provide information training and instruction of employees - failure to adequately supervise employees - failure to supply appropriate footwear - serious breach established - general deterrence considered - specific deterrence of little significance where defendant retired from workforce and facility sold - substantial steps taken after accident to address risk to safety - no prior record and good citizenship demonstrated - substantial subjective factors including clear contrition and remorse - co-operation with authorities - small discount in circumstances of lateness of plea - penalty imposed
CASES CITED: Inspector Ken Kumar v David Aylmer Ritchie [2006] NSWIRComm 323 Inspector Ken Kumar v Owens Container Services Australia Pty Ltd [2006] NSWIRComm 324
HEARING DATES: 15/08/06, 16/08/06, 19/09/06
DATE OF JUDGMENT: 10/12/2006
PROSECUTOR: Mr R Reitano of counsel SOLICITORS: WorkCover Authority LEGAL REPRESENTATIVES:
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