NSW Caselaw
Industrial Court of New South Wales
CITATION: Robert William Regan v Muswellbrook Crane Services Pty Ltd [2007] NSWIRComm 13 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PROSECUTOR: Robert William Regan PARTIES: DEFENDANT: Muswellbrook Crane Service Pty Ltd
FILE NUMBER(S): IRC 5850 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - specialist crane operator providing crew for heavy lift at mine site - considerable control of safety exercised by mine operator over contractors - failure of crane operator to provide and maintain proper risk assessment for each lift - use of generic risk assessment inadequate for specific tasks - failure to provide information, instruction and training regarding lifts - failure to provide adequate or appropriate supervision of crane crew - failure to comply with and ensure adherence to good rigging practice and standards - serious breach of the Act established - general and specific deterrence considered - factors present reducing level of specific deterrence - extensive system of safety found to be defective - significant remedial steps quickly taken to address risks exposed by accident - early plea - good safety record over lengthy period in dangerous industry - contrition and co-operation with Authority mitigate penalty - co-extensive duty with mining operator - principle of consistency applied - little to distinguish two defendants as to culpability - penalty imposed
CASES CITED: Robert William Regan v Anglo Coal (Kayuga Management) Pty Ltd [2007] NSWIRComm 12
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate