Inspector Michael Dall v GPCC Pty Ltd; Inspector Michael Dall v JML Group Pty Ltd [2007] NSWIRComm 103

Industrial Court of New South Wales

CITATION: Inspector Michael Dall v GPCC Pty Ltd; Inspector Michael Dall v JML Group Pty Ltd [2007] NSWIRComm 103

PROSECUTOR: WorkCover Authority of New South Wales PARTIES: DEFENDANTS: GPCC Pty Ltd JML Group Pty Ltd

FILE NUMBER(S): 893; 894 of 2006

CORAM: Marks J

Occupational Health and Safety Act - breach of ss8(1) and 8(2) - guilty pleas - penalty - employee directed to use "fall protection" by defendant and by WorkCover Authority inspector - employee failed to comply - objective seriousness of the offence - inadequate supervision of someone known to be disinclined to obey safety directions - obvious danger in working at a height of 20 metres unprotected - breach by defendants regarded as serious but do not warrant imposition of penalty at higher end of scale - misconduct of employee triggered the breaches - deterrent effect of penalty within construction industry. CATCHWORDS: HELD: JML had substantial commitment to OH&S and compliance with obligations under legislation - co-operated with WorkCover - lower end discount for guilty plea - monetary penalty imposed. GPCC - need to balance financial means and objective seriousness of offence - guilty plea at earliest opportunity - commitment to OH&S obligations - expressed contrition and remorse - prior conviction - monetary penalty imposed.

LEGISLATION CITED: Occupational Health and Safety Act 2000 Fines Act 1996 s6

Inspector Mansell v Eleven Lighting Pty Ltd [2002] NSWIRComm 339 Manpac Industries Pty Ltd v WorkCover Authority of New South Wales [2001] NSWIRComm 190 CASES CITED: Environment Protection Authority v Coe Drilling Australia Pty Ltd [2005] NSWLEC 719 Nesmatt Pty Ltd v WorkCover (NSW) (1998) 87 IR 312 WorkCover (NSW) v Walco Hoist (2000) 99 IR 163 Wong v Melinda Group Pty Ltd (1998) 82 IR 118