NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168
Inspector Phillip Estreich (Prosecutor) PARTIES: Hannas Civil Engineering Pty Ltd (Defendant in IRC 2009/179) Afram Hanna (Defendant in 2009/206)
FILE NUMBER(S): IRC 179 and 206 of 2009
CORAM: Haylen J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(2), s 10(1) - pleas of guilty - company and contracted supervisor - orange conduit exposed - conduit assumed to hold no energised cable or services - one cable holds 11,000 volt electric cable - worker injured whilst cutting conduit - serious injuries received - work not performed in accordance with company's documented safety system - simple steps laid down to ascertain whether services in area - risk foreseeable - serious breach - general and specific deterrence - subjective factors considered - company had prior record - supervisor had no prior record - contrition - company enters early plea - supervisor changes original plea but circumstances warrant significant discount - good industrial record and good corporate citizenship established - co-operation with WorkCover Authority - numerous remedial steps taken after accident - s 6 Fines Act consideration - penalties imposed
Fines Act 1996, s 6 LEGISLATION CITED: Occupational Health and Safety Act 1983, ss 15(1) 16(1) Occupational Health and Safety Act 2000 ss 10(1) 8(2)
HEARING DATES: 28 September 2009
DATE OF JUDGMENT: 12 October 2009
Mr P Ginters of counsel (Prosecutor) WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: Ms Lisa Doust of counsel (Defendants) Morgan Lewis Attorneys
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