Inspector Batty v Intercoast Refrigerated Transport Pty Ltd [2012] NSWIRComm 55

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Batty v Intercoast Refrigerated Transport Pty Ltd [2012] NSWIRComm 55 Hearing dates: 12,13,14,15,16,19, 20,21 March 2012 Decision date: 28 June 2012 Jurisdiction: Industrial Court of NSW Before: Kavanagh J Decision: Orders In Matter No 1263 of 2010, the charge under s 8(1) of the Act, I find the defendant guilty. In Matter No 1262 of 2010, the charge under s 8(2) of the Act, I find the defendant not guilty. In Matter No 1260 of 2010, the charge under s 8(1) of the Act, empowered under s 26(1) deeming provision, I find the defendant guilty. In Matter No 1261 of 2010, the charge under s 8(2) of the Act, empowered under s 26(1) deeming provision, I find the defendant not guilty. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Corporate defendant - breach of s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000 - judgment as to liability - roadside repair of B double truck - repair performed by another corporation's mechanic but employee driver of defendant corporation assists - engine left on and brakes left off to inflate airbags - chocks placed on wheels too small - truck rolls forward - unsafe system of work and exposure to risk from movement of B Double - employee and another - plea of not guilty - failure by corporate defendant to have in place safe system of work for repair of vehicle - failure to properly instruct employee driver not to take part in repair and to stand clear of vehicle while under repair - s 8(2) charge proven - other particulars relied upon by prosecutor re drug use and fatigue and management of fatigue policy dismissed.