Morrison v Clarence Coal Pty Ltd and Centennial Coal Company Limited [2007] NSWIRComm 270

Industrial Court of New South Wales

CITATION: Morrison v Clarence Coal Pty Ltd and Centennial Coal Company Limited [2007] NSWIRComm 270

PROSECUTOR Department of Primary Industries PARTIES: DEFENDANTS Clarence Coal Pty Ltd Centennial Coal Company Limited

FILE NUMBER(S): 2664; 2665 of 2006

CORAM: Marks J

CATCHWORDS: Occupational health and safety prosecution - guilty plea - penalty - other equipment available which would have created safer work environment - processes and procedures in place supplemented by appropriate training which prohibited the use of machine in the manner it which it was used when incident occurred - circumstances in which work was being carried out at time of incident was in breach of established protocols - failure to ensure training was carried out and rules were followed - serious breach of the Act - general ad specific deterrent effect of penalty - both defendants have professed awareness of their responsibilities under the Act - comprehensive systems to ensure to the extent possible compliance with obligations - defendants expressed contrition and regret - no prior conviction for breach of OHS legislation - culpability of each defendant is equal

LEGISLATION CITED: Occupational Health and Safety Act 2000 ss47A, 8(1), 8(2)

Inspectors Bestre and Doyle v Jontari Pty Ltd and ors [2007] NSWIRComm 190 CASES CITED: Inspector Green v Metropolitan Administration Services Pty Ltd [2005] NSWIRComm 12 WorkCover Authority (NSW) (Inspector Green) v Big River Timbers Pty Ltd (2006) 156 IR 341

HEARING DATES: 16, 17, 18 and 19 October 2007