WorkCover Authority of New South Wales (Inspector Woodington) v Australand Holdings Limited and Sassall Glass & Joinery Pty Limited [2008] NSWIRComm 153

Industrial Court of New South Wales

CITATION: WorkCover Authority of New South Wales (Inspector Woodington) v Australand Holdings Limited and Sassall Glass & Joinery Pty Limited [2008] NSWIRComm 153

PROSECUTION: WorkCover Authority of New South Wales (Inspector Woodington) PARTIES: DEFENDANTS: Australand Holdings Limited Sassall Glass & Joinery Pty Limited

FILE NUMBER(S): IRC 1174 & 1175 of 2005

CORAM: Staunton J

CATCHWORDS: Occupational health and safety - pleas of not guilty - defendants submitted crane had actual capacity to lift weight and no risk to safety arose - rated and actual capacity of the crane considered - expert evidence considered on that issue - held known rated capacity at time of lift was WLL of 400kg - crane lifted well in excess of that - potential risk to safety arose - worker's safety lanyard not attached to static line at time of fall - considered by defendants not required as inside safety fence line and no risk to safety arose - WorkCover Code and relevant Safe Work Method Statements considered - held in all the circumstances, given the way the work was performed, retractable lanyard required to address risk to safety - held degree of duplicity in the way a number of particularised failures were pleaded - held offences arising under s 8 of Occupational Health and Safety Act 2000 absolute subject to statutory defences available - common law exculpation of honest and reasonable mistake of fact not applicable having regard to defences arising under s 28(a) and (b) of the Act - notion of reasonable foreseeability of risk in relation to defences arising under s 28 of the Act - offences found proved in relation to a number of particularised failures - penalty and costs to be determined.