Work Cover (Inspector Battye) v Patrick Container Ports Pty Ltd [2014] NSWDC 171

District Court New South Wales

Medium Neutral Citation: Work Cover (Inspector Battye) v Patrick Container Ports Pty Ltd [2014] NSWDC 171 Hearing dates: 17/02/2014 Decision date: 17 February 2014 Before: Curtis, J Decision: The information is dismissed Legislation Cited: Occupational Health and Safety Act 2000 Cases Cited: Royall v The Queen [1991] HCA 27; (1991) 172 CLR 378 Category: Principal judgment Parties: Workcover Authority of New South Wales (Inspector Battye) - Prosecutor Patrick Container Ports Pty Ltd - Defendant Representation: S Crawshaw, SC with M McCarthy appeared for the Prosecutor B Hodgkinson, SC with G H Livermore appeared for the Defendant File Number(s): 2013/218842

Judgment

Introduction 1The defendant is charged that, contrary to the provisions of section 8(1) of the Occupational Health and Safety Act 2000, on 2 September 2010 at Port Botany it failed to ensure so far as was reasonably practicable the safety and welfare at work of its employees, Mr Richard May, Mr Destri Tami and Mr Richard Gilholme. 2On that day Mr May commenced to remove a left-hand rear tyre on a Hyster YardMaster Reach Stacker by removing an outer rim clamp without first deflating the tyre. 3The tubeless tyre, inflated to a pressure of approximately 150 psi, is contained within a steel rim with narrow flanges. The tyre and rim assembly are fixed to the wheel hub by a rim clamp. This rim clamp serves to reinforce the narrow flanges of the rim in containing the tyre pressure. 4Because of the risk that the flange of the rim may be damaged or defective and prone to failure, causing a sudden release of air pressure, safe practice requires that the tyre be fully deflated before the rim clamp is removed. 5When Mr May removed the rim clamp a flange of the tyre rim failed because of a pre-existing fracture, and the air pressure within the tyre was released explosively, killing Mr May and injuring Mr Tami and Mr Gilholme.