Inspector Prasad De Silva v Austral Brick Company Pty Ltd [2006] NSWIRComm 291

Industrial Court of New South Wales

CITATION: Inspector Prasad De Silva v Austral Brick Company Pty Ltd [2006] NSWIRComm 291

PROSECUTOR: Inspector Prasad De Silva PARTIES: DEFENDANT: Austral Brick Company Pty Ltd

FILE NUMBER(S): IRC 1204 of 2006

CORAM: Haylen J

CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(2) - collapse of jib crane during maintenance - guilty plea entered - external maintenance provider identifies defects in crane over many months - not all defects rectified by defendant - defects easily rectified - numerous steps taken by defendant after accident to address risk associated with use of the crane - serious breach established - general and specific deterrence considered - early plea - numerous subjective factors - good industrial record for nature of the industry - penalty imposed

HEARING DATES: 06/09/2006 EXTEMPORE JUDGMENT DATE: 09/06/2006

PROSECUTOR: Mr D O'Neil of counsel SOLICITORS: Phillips Fox

LEGAL REPRESENTATIVES: DEFENDANT: Mr B Hodgkinson SC SOLICTIORS: Clayton Utz

JUDGMENT:

- 10 - INDUSTRIAL COURT OF NEW SOUTH WALES

CORAM: Haylen J 6 September 2006

Matter No IRC 1204 of 2006 INSPECTOR PRASAD DE SILVA v AUSTRAL BRICK COMPANY PTY LTD Prosecution under s 8(2) of the Occupational Health and Safety Act 2000

EX TEMPORE JUDGMENT [2006] NSWIRComm 291

1 Austral Brick Co Pty Ltd has pleaded guilty to a breach of s 8(2) of the Occupational Health & Safety Act 2000. The particulars in short form of that charge are that on the 12 March 2004 at Plant 1 at Horsley Park in the carrying out of its undertaking as a manufacturer of bricks on that site the company failed to ensure that people other than employees of the employer, including Mr Michael Coleman and Mr Kevin Brand, were not exposed to risk to their health and safety arising from the conduct of that undertaking while at the employers place of work; in that the injured worker Mr Coleman and Mr Brand were using a jib crane known as the No. 4 crane to lift a slab of bricks in the premises when a 9.3 metre long jib of the crane fell on to a kiln cart from its mounting point, a distance of approximately 2.4 metres, striking Mr Coleman on the head. The company failed to ensure the plant, namely the crane provided for use by persons on the premises, was safe and without risk to health in that the slew pin of the crane was bent and had been identified as requiring replacement; that the base mounting brackets had been identified as needing remounting and welding; and the load beam was bent at the pivot end. The defendant failed to correct or authorise the repair or replacement of faults with the crane which had been identified since May 2002. As a result of those failures the injured worker, Mr Coleman, and Mr Brand were exposed to risk of injury and Mr Coleman in fact sustained injuries.