Inspector Estreich v Sangari [2012] NSWIRComm 37

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Estreich v Sangari [2012] NSWIRComm 37 Hearing dates: 20 April 2012 Decision date: 01 May 2012 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: a)the defendant, Ghazi Sangari, is found guilty of a breach of s 8(2) of the Occupational Health and Safety Act, 2000 (by operation of s 26(1)) as particularised in Matter No IRC 321 of 2011, to which the defendant entered a plea of guilty; (b)the defendant is fined the sum of $22,500 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(2) - head contractor provides scaffolding for use by sub-contractors - sub-contractor working at height - employee falls because head contractor commences to dismantle scaffolding and fails to notify sub-contractors of its unsafe state - guilty plea entered by corporation and director - corporation in liquidation by time of sentence hearing and prosecution withdrawn - failure to ensure sub-contractors not exposed to risk of falling - failure to provide safety devices - failure to provide adequate information, instruction or training - failure to provide safety induction - lack of safe work method statement - no risk assessment - employee paralysed from chest down - serious breach - general and specific deterrence - early plea and other subjective factors considered - head contractor found to be substantially responsible for risk and accident - penalty imposed Legislation Cited: Occupational Health and Safety Act 2000 Cases Cited: Inspector Estreich v Sidaoui [2012] NSWIRComm 38 Category: Principal judgment Parties: Inspector Phillip Estreich (Prosecutor) Ghazi Sangari (Prosecutor) Representation: Mr P Ginters of counsel (Prosecutor) Mr R E Lee of counsel (Defendant) Crown Solicitor's Office (Prosecutor) File Number(s): IRC 321 of 2011