Inspector John Sibilant v Stowe Australia Pty Ltd. Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 [2008] NSWIRComm 42

Industrial Court of New South Wales

CITATION: Inspector John Sibilant v Stowe Australia Pty Ltd. Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 [2008] NSWIRComm 42

PROSECUTOR: Inspector John Sibilant PARTIES: DEFENDANT: Stowe Australia Pty Ltd

FILE NUMBER(S): IRC 2229 of 2006

CORAM: Haylen J

Occupational Health and Safety Act 2000 - s 8(1) - fatal accident in course of electrical upgrade of telephone exchange - documented system of work not adopted at exchange - whether actual work place practices nevertheless ensure safety of employees - alleged failure to conduct appropriate risk assessment before work commenced on exchange electrical circuits - alleged failure to have documented work practises on site and use of tape rather than appropriate tags in isolation process - alleged lack of supervision and training - alleged failure to adopt safe re-wiring practices and failure to properly instruct employees on use of voltmeter safety device - identification of system of work - system to protect against risk of electrocution - error to focus on accident rather than breaches as particularised - causal connection established between acts and omissions of defendant and particularised risk to safety of employees - breach established - defendant fails to discharge onus regarding defences CATCHWORDS: Occupational Health and Safety Act 2000 - s 107(1) - s 107(3) - whether it appears from the report or the proceedings at an Inquest that an offence committed against the Act - provisions of s 107(3) satisfied

Coombs v Patrick Stevedore Holdings Pty Ltd [2004] NSWIRComm 77 Cullen v State Rail Authority (1989) 31 IR 207 at 209 General Cleaning Contractors v Christmas (1953) AC 180 at 193-4) Inspector Barnard v Rail Infrastructure Corporation (2001) 109 IR 209 Inspector Ching v Bros Bins Systems Pty Ltd and anor [2004] NSWIRComm 197 Inspector Covi v The Crown in Right of the State of New South Wales (NSW Police) [2004] NSWIRComm 128 Inspector Haynes v CI&D Manufacturing Pty and anor (1994) 60 IR149 Morrison v GPR Engineering (Central Coast) Pty Ltd [2003] NSWIRComm 56 CASES CITED: Raimondo v State of South Australia (1979) 23 ALR 513 at 517-8 Schultz v Hoffman's Kundabung Sawmilling Pty Ltd [2006] NSWIRComm 277 WorkCover Authority v Hedrick t/as Graeme's Fine Finishes (unreported - 9 April 1998) WorkCover Authority v Fernz Construction Materials (No 2) (2000) 100 IR 23 at 35 WorkCover Authority (Inspector Farrell) v Morrison [2001] NSWIRComm 325 at [45] WorkCover Authority of New South Wales (Inspector Mansell) v Edwards Madigan Torzillo Briggs and ors [2003] NSWIRComm 452 WorkCover Authority (Inspector Patton) v Fletcher Constructions Australia Ltd (2003) 123 IR 121 at [78]