Inspector Estreich v Sidaoui [2012] NSWIRComm 38

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Estreich v Sidaoui [2012] NSWIRComm 38 Hearing dates: 18 November 2011 Decision date: 01 May 2012 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: (i)The defendant, Walid Mohamad Sidaoui, is found guilty of a breach of s 8(1) of the Occupational Health and Safety Act 2000 as particularised in Matter No IRC 322 of 2011, to which he entered a plea of guilty; (ii)the defendant is fined the sum of $10,000 with half that sum to be paid to the prosecutor by way of moiety; (iii)the defendant is to pay the costs of the prosecutor in the sum of $8,500. Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) - contractors working at height on scaffolding - employee falls because head contractor commences to dismantle scaffolding and fails to notify other contractors of its unsafe state - not guilty plea initially entered - plea of guilty offered day before three-day trial commences - failure of contractor to check scaffolding during work - failure to provide safe work method statement and risk assessment - employee paralysed from chest down - serious breach established - general and specific deterrence - subjective factors considered - limited financial capacity to meet penalty - head contractor found to be substantially responsible for risk and accident - penalty imposed Legislation Cited: Fines Act 1996 Occupational Health and Safety Act 2000 Cases Cited: Inspector Estreich v Ghazi Sangari [2012] NSWIRComm 37 Category: Principal judgment Parties: Inspector Phillip Estreich (Prosecutor) Walid Mohamad Sidaoui (Defendant) Representation: P Ginters of counsel (Prosecutor) S Hopper (solicitor) (Defendant) Crown Solicitor's Office (Prosecutor) Queen Street Chambers (Defendant) File Number(s): IRC 322 of 2011