Inspector Cobbin v Thomas & Coffey Limited (ACN 000 263 678) [2012] NSWIRComm 46

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Cobbin v Thomas & Coffey Limited (ACN 000 263 678) [2012] NSWIRComm 46 Hearing dates: 31/01/2012 Decision date: 30 May 2012 Before: Backman J Decision: In Matter No 302 of 2011: (1) The defendant is convicted of the offence and fined an amount of $120,000 with a moiety to the prosecutor. (2) The defendant shall pay the costs of the prosecutor as agreed or assessed. In Matter No 303 of 2011: (1) The defendant is convicted of the offence and fined an amount of $150,000 with a moiety to the prosecutor. (2) The defendant shall pay the costs of the prosecutor as agreed or assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 (the Act) - pleas of guilty entered to one offence under s 8(1) and one offence under s 8(2) of the Act - non-employee seriously injured while attempting to hook up a steel frame to lifting chains attached to a crane - non-employee not made aware that defendant's employees earlier had removed hold-down nuts from the frame leaving it unsecured - risk of steel frame falling over and crushing workers underneath - risk reasonably foreseeable and obvious - simple and available steps could have avoided the risk - likely consequences of breach of each offence were serious - objective seriousness of each offence falls to be assessed by reference to the charges - error or negligence of defendant's employees taken into account - deterrence - maximum penalty - subjective factors - totality - victim impact statement - orders Legislation Cited: Occupational Health and Safety Act 2000 Cases Cited: Capral Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) [2000] NSWIRComm 71; (2000) 99 IR 29 Inspector Dall v Ullrich Aluminium Pty Ltd [2011] NSWIRComm 156 Morrison v Powercoal Pty Ltd (No 3) [2005] NSWIRComm 61; (2005) 147 IR 117 Riley v Australian Grader Hire Pty Ltd [2001] NSWIRComm 31; (2001) 103 IR 143 Category: Principal judgment Parties: Inspector Wayne Cobbin (Prosecutor) Thomas & Coffey Limited (ACN 000 263 678) (Defendant) Representation: Mr R Reitano of counsel (Prosecutor) Mr J Simpson (Defendant) Legal Group WorkCover Authority of New South Wales (Prosecutor) Arnold Bloch Leibler (Defendant) File Number(s): IRC 302 of 2011 IRC 303 of 2011