WorkCover Authority of NSW v Damon Spackman [2015] NSWDC 219

District Court New South Wales

Medium Neutral Citation: WorkCover Authority of NSW v Damon Spackman [2015] NSWDC 219 Hearing dates: 27 July 2015; 11 August 2015 Decision date: 28 August 2015 Jurisdiction: Civil Before: Kearns DCJ Decision: The defendant is convicted of the offence charged. The defendant is fined the sum of $19,000 with a moiety to the prosecutor. The defendant is to pay the prosecutor's costs as agreed or assessed. Catchwords: Occupational Health and Safety Act 2000 ss 8(1) and 26 – plea of guilty to some particulars, others contested – worker exposed to acidic solution when plumbing – chemical burns to legs – duty of employer to ensure health, safety and welfare of employees so far as is reasonably practicable – failure to undertake risk assessment, to prepare SWMS, to warn, to ensure wearing of PPE, to ensure employee was qualified to work in a confined space – foreseeability of risk – foreseeability of consequences – means available to avoid risk – specific and general deterrence – utilitarian value of guilty plea – no prior convictions – regret and remorse – discount for guilty plea Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: WorkCover Authority of New South Wales (prosecutor) Damon Spackman (defendant) Representation: Counsel: Mr M Moir appeared for the prosecutor Mr J Young appeared for the defendant. File Number(s): 13/77826

Judgment

outline 1. On 18 March 2011, Mr Williams sustained chemical burns to his lower legs. He was working at the premises of Sony DADC Australia Pty Ltd in a pit that had an acidic solution in it. He was working there as an employee of Master Plumbers Sydney Pty Limited. 2. The defendant was concerned in the management of Master Plumbers within the meaning of s 26 of the Occupational Health and Safety Act 2000.