WorkCover v Orica Pty Ltd [2015] NSWDC 7

District Court New South Wales

Medium Neutral Citation: WorkCover v Orica Pty Ltd [2015] NSWDC 7 Hearing dates: 16-18 December 2014 Decision date: 05 February 2015 Jurisdiction: Criminal Before: Curtis J Decision: The summons is dismissed Legislation Cited: Occupational Health and Safety Act 2000 Category: Principal judgment Parties: WorkCover Authority of New South Wales (Inspector Brock) (Prosecutor) Orica Australia Pty Ltd (Defendant) Representation: Counsel: J V Agius SC with M Moir (Prosecutor) A Moses SC with Y Shariff (Defendant)

Solicitors: WorkCover Legal Services (Prosecutor) Ashurst Australia (Defendant) File Number(s): 2013/172390

Judgment

Introduction 1. On 9 November 2011 at the defendant's Kooragang Island chemical plant, Mr Brad Ryan, a welder/pipe fitter employed by the maintenance contractor Downer Australia Ltd (Downer) to replace a defective valve, cut into a live steam line with an angle grinder releasing an arc of steam under pressure of 1380 kPa. 2. Although Mr Ryan was not injured, the prosecutor Inspector Stephen Brock has summoned the defendant to answer a charge that, contrary to section 8(2) of the Occupational Health and Safety Act 2000, it failed to ensure that Mr Ryan and two other employees of Downer in his company, were not exposed to a risk to their health arising from the conduct of its undertaking. 3. The summons particularises the risk as: The risk of being burnt by reason of being exposed to the uncontrolled release of high-pressure steam. 1. For reasons which follow I am unpersuaded that this risk arose. Upon the evidence the work practices and controls instituted by the defendant were adequate to ensure that the release of the high-pressure steam was controlled to a sufficient extent both in quantity and direction away from Mr Ryan's body, and its release did not expose him or the other two men to the risk of being burnt.