Inspector Victor Page v Rail Infrastructure Corporation. Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 [2009] NSWIRComm 9

Industrial Court of New South Wales

CITATION: Inspector Victor Page v Rail Infrastructure Corporation. Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 [2009] NSWIRComm 9

PROSECUTOR: Inspector Victor Page PARTIES: DEFENDANT: Rail Infrastructure Corporation

FILE NUMBER(S): IRC 2607 of 2006

CORAM: Haylen J

CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - defendant involved in railway operations - use of work teams to maintain poles carrying various overhead electrical lines - workforce documents directed work to be carried out "clear" of nominated poles - member of team works on excluded pole receiving severe electrical shock - fall injury leading to paraplegia - confusion amongst work team as to requirement of other workplace documents nominating maintenance work on excluded pole - despite training and safety rules employees not aware of presence of live cable on pole - system of safety at workplace failed to ensure safety of employees - sentencing for breach - serious breach established - requirement for general and specific deterrence to play a role in setting appropriate penalty - legislative changes largely remove defendant from railway operations - reduced role for specific deterrence - defendant takes steps to address risk to safety and co-operates with WorkCover investigation - care required in use of prior record - penalty imposed

Rail Safety Act 2002 LEGISLATION CITED: Transport Administration (Rail Management) Act 2000 Transport Administration Act 1998

Cooper v Rail Infrastructure Corporation [2008] NSWIRComm 92 Inspector Nixon v George Weston Foods Ltd [2005] NSWIRComm 287 CASES CITED: Inspector Victor Page v Rail Infrastructure Corporation [2007] NSWIRComm 180 Rail Infrastructure Corporation v Inspector Victor Page [2008] NSWIRComm 169