Inspector Estreich v P C Cranes Pty Ltd [2011] NSWIRComm 154

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Estreich v P C Cranes Pty Ltd [2011] NSWIRComm 154 Hearing dates: 15 November 2011 Decision date: 23 November 2011 Before: Haylen J Decision: (a) the defendant, P C Cranes Pty Ltd, is found guilty of a breach of s 8(1) of the Occupational Health and Safety Act 2000 as particularised in the Amended Application for Order in Matter No IRC 451 of 2010, to which the defendant entered a plea of guilty; (b) the defendant is fined the sum of $65,000 with half that amount to be paid to the prosecutor by way of moiety; (c) the defendant is to pay the costs of the prosecutor in a sum as agreed or, in the absence of agreement, as ordered by the Court. Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) - guilty plea entered flowing from case conferencing - dogman falls from height on construction site - fall from hoarding while removing formwork - failure to ensure risk of falling controlled by use of fall arrest device or stable and securely fenced work platform or by use of secure perimeter screens, fencing handrails or similar barriers - failure to instruct employees that risk of falling was to be controlled by use of the same means - serious breach established - general and specific deterrence considered - no prior conviction - utilitarian benefit of early plea - steps taken to address risk - defendant accepts responsibility for accident - penalty imposed - limited financial information provided regarding capacity to fully pay fine - suitable case for arrangements for payment of fine by installments Legislation Cited: Fines Act 1996 Occupational Health and Safety Act 2000 Cases Cited: Inspector Estreich v Ceerose Pty Ltd [2011]) NSWIRComm 50 Category: Principal judgment Parties: Inspector Phillip Estreich (Prosecutor) P C Cranes Pty Ltd (Defendant) Representation: R Reitano of counsel (Prosecutor) D O'Neil of counsel (Defendant) Criminal Law Practice, Legal Group WorkCover Authority of NSW (Prosecutor) Burston, Cole & Mulock (Defendant) File Number(s): IRC 451 of 2010