WorkCover Aurtority of NSW v Australian Native Landscapes [2014] NSWDC 183

District Court New South Wales

Medium Neutral Citation: WorkCover Aurtority of NSW v Australian Native Landscapes [2014] NSWDC 183 Hearing dates: 11/09/2014 Decision date: 11 September 2014 Jurisdiction: Criminal Before: Curtis J Decision: The defendant is convicted and fined the sum of $33,382.00 Legislation Cited: Occupational Health and Safety Act 2000 Category: Sentence Parties: WorkCover Authority of New South Wales (Inspector McDonald) (Prosecutor) Australian Native Landscapes (Defendant) Representation: M P Cahill appeared for the prosecutor A R Moses, SC with P Keyzer appeared for the defendant DLA Piper (Prosecutor) Berry Buddle Wilkins (Defendant) File Number(s): 2012/293511

Judgment 1The defendant pleads guilty to a charge that on 18 March 2011 at Badgerys Creek it failed by its acts or omissions to ensure the health, safety and welfare of its employees, in particular Mr Anthony Kozicki and Shane De Graaff contrary to the provisions of s81 of the Occupational Health and Safety Act 2000. 2On that day a Mr Ryder, a plumbing contractor, attended upon the premises of the defendant's plant to replace certain parts of the roof. At Mr Ryder's request Mr Lennox and Mr Johnson, the defendant's managers, directed those two employees to assist with the work. 3In the course of the works the ladder by which the employees gained access to the roof was not properly secured, no provision was made for provision of handrails or other physical barriers to prevent falling from the roof, and safety harnesses were not provided. 4In consequence of these omissions Mr Kozicki fell through the roof a distance of approximately five metres to the floor below suffering a fractured left pelvis, two punctured lungs and four fractures of his left arm together with cuts and abrasions to his head. Mr Kozicki has undergone 11 operations on his wrist and apparently he has been left with permanent disabilities.