NSW Caselaw
Industrial Court of New South Wales
CITATION: Rodney Dale Morrison v Roche Mining Pty Ltd [2007] NSWIRComm 276
Prosecutor: PARTIES: Rodney Dale Morrison Defendant: Roche Mining Pty Ltd
FILE NUMBER(S): IRC2365 of 2006
CORAM: Kavanagh J
CATCHWORDS: Charge under s8(1) of the Occupational Health and Safety Act 2000 - defendant company employer of miners - miners working with control of the site under another company - manual roof bolting task - knowledge of soft roof condition - inability to identify applicable existing safe work procedure - untrained employee - knowledge that proper practice for the task not followed - contribution of third party to risk - general and specific deterrence - foreseeable risk - roof fall - fatality - penalty imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000
Capral Aluminium Limited v WorkCover Authority of NSW (2000) 99 IR 29 Department of Mineral Resources of New South Wales) Chief Inspector Bruce Robert McKensey v Kembla Coal & Coke Pty Ltd (1999) 92 IR 8 Inspector Robert Johnston v Hire N' Higher Scaffolding Pty Ltd; Inspector Robert Johnston v Lipman Pty Ltd [2006] NSWIRComm 10 CASES CITED: Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Markarian v R (2005) 215 ALR 213 R v Thomson; R v Houlton (2000) 49 NSWLR 383 WorkCover Authority of New South Wales (Inspector Belley) v Hughston & Sons Pty Ltd (2002) 121 IR 1 WorkCover Authority of NSW v McDonald's Australia Ltd and anor [1999] 95 IR 383
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