WorkCover Authority of New South Wales v Structural Concrete Industries Pty Limited [2015] NSWDC 177

District Court New South Wales

Medium Neutral Citation: WorkCover Authority of New South Wales v Structural Concrete Industries Pty Limited [2015] NSWDC 177 Hearing dates: 18 May 2015 Date of orders: 18 May 2015 Decision date: 18 May 2015 Jurisdiction: Criminal Before: KEARNS DCJ Decision: The defendant is convicted of the charge. I impose a fine of $37,500. I order the defendant to pay the prosecutor's costs as agreed or as assessed. I order a moiety of the fine to be paid to the prosecutor. Catchwords: Occupational Health and Safety Act 2000 s 8(2) – plea of guilty – crane load made contact with wire cage causing it to topple and injure worker – duty of employer to ensure non-employees are not exposed to health and safety risks – incomplete work safety systems and safe work method statement in place prior to incident – complete and thorough implementation of further safety measures after incident – cooperation with WorkCover – one prior safety incident – good corporate standing – foreseeability of risk – foreseeability of consequences - preventability of risk – specific and general deterrence – discount for early guilty plea – costs and financial position of defendant Category: Sentence Parties: WorkCover Authority of New South Wales (prosecutor) Structural Concrete Industries Pty Limited (defendant) Representation: Counsel: Mr M Scott appeared for the prosecutor Mr C H Cassimatis appeared for the defendant File Number(s): 2013/88113

Judgment

THE CHARGE AND THE PLEA 1. On 22 March 2011 Mr Doble was working at the defendant's site at 11 Park Street Teralba. He was working there but was an employee of another company. In the course of his work he was crushed and injured when a wire cage was knocked by a load being moved by crane. The defendant is charged that contrary to s 8(2) of the Occupational Health and Safety Act 2000 it exposed persons not its employees including Mr Doble to risks to their health and safety. The defendant has pleaded guilty.