Inspector Nikolovski v Multi Civil & Rail Services Pty Ltd [2011] NSWIRComm 116

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Nikolovski v Multi Civil & Rail Services Pty Ltd [2011] NSWIRComm 116 Hearing dates: 18 August 2011 Decision date: 26 August 2011 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: (a) the defendant, Multi Civil and Rail Services Pty Ltd, is found guilty of a breach of s 8(1) of the Occupational Health and Safety Act as particularised in the Amended Application for Order in Matter IRC 1093 of 2010, to which the defendant entered a plea of guilty; (b) the defendant is fined the sum of $125,000 with half that sum to be paid to the prosecutor by way of moiety; (c) the defendant is to pay the costs of the prosecutor in a sum agreed or, in the absence of agreement, as ordered by the Court Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) - guilty plea - service work provided by defendant to rail industry - use of hydraulic ram to lift and lower heavy ramp - float truck used to convey slasher tractor to and from work sites - hydraulic operation of ramp rendered impossible by loss of connecting clevis pin - pin not repaired before work resumes - heavy ramp falls on employee during unloading operation - employee rendered paraplegic - first offence - early plea - good prior safety record - serious breach accepted - unusual circumstances lead to normal safe practices not being applied - need for greater detail in safe work method statements for checking and operating hydraulic ramp - use of Victims Impact Statement considered - penalty imposed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Cases Cited: Siganto v The Queen (1998) 194 CLR 656 Category: Principal judgment Parties: Inspector Steven Nikolovski (Prosecutor) Multi Civil & Rail Services Pty Ltd (Defendant) Representation: D O'Neil of counsel (Prosecutor) W Thompson of counsel (Defendant) Criminal Law Practice Legal Group WorkCover Authority of NSW (Prosecutor) Heard McEwan Legal (Defendant) File Number(s): IRC 1093 of 2010