NSW Caselaw
Industrial Court of New South Wales
CITATION: Rodney Dale Morrison v Marathon Tyres Pty Ltd [2007] NSWIRComm 77
PROSECUTOR: Rodney Dale Morrison PARTIES: DEFENDANT: Marathon Tyres Pty Ltd
FILE NUMBER(S): IRC No 2370 of 2006
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - guilty plea entered - tyre changing of heavy load mining vehicles by purpose built tyre changer crane - system of work involved two people - operator with remote control and tyre fitter - safety rules required tyre fitter to be clear of crane grabs and load - no provision made for operator to stand clear of load - part of operation required operator to stand behind heavy vehicle wheel while lining up with wheel drum - operator crushed by 4 tonne tyre against rear of truck fitted with crane apparatus - fatality - prior conviction for unrelated offence - 35 year history in the industry - well documented and enforced safety system - prompt action to address risk exposed by accident - serious breach - risk of crush injury foreseeable - effective remedial steps available - general deterrence considered - reduced role for specific deterrence - early plea - substantial subjective factors - family Victim Impact Statements received - penalty imposed
CASES CITED: Rodney Dale Morrison v Rio Tinto (NSW) Pty Ltd [2007] NSWIRComm 78
HEARING DATES: 21/03/07
DATE OF JUDGMENT: 4 April 2007
PROSECUTOR: Mr D O'Neil of counsel SOLICITORS: Crown Solicitor LEGAL REPRESENTATIVES:
DEFENDANT: Mr R Crow of counsel SOLICITORS: Bilbie Dan
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