WorkCover Authority of NSW (Inspector Moore) v E & T Bricklaying Pty Ltd [2015] NSWDC 369

District Court New South Wales

Medium Neutral Citation: WorkCover Authority of NSW (Inspector Moore) v E & T Bricklaying Pty Ltd [2015] NSWDC 369 Hearing dates: 7/12/2015; 8/12/2015; 9/12/2015; 10/12/2015 Decision date: 16 December 2015 Jurisdiction: Criminal Before: Kearns DCJ Decision: 1. I find the defendant, E & T, guilty of the offence charged in the summons and the defendant is convicted accordingly.

2. I find the defendant, Mr Kose, guilty of the offence charged in the summons and the defendant is convicted accordingly.

3. List the matters for sentence hearing on 24 February 2016, at 10.00am. Catchwords: Work Health and Safety Act 2011 ss 19(1), 27, 32 – worker suffered electric shock when placing steel reinforcement bars vertically into besser block wall – steel bar came into contact with overhead power lines causing electric shock – worker using metal material when working from a scaffold erected within 4 metres of power lines - whether duty was owed by defendant under s 19(1)(a) – whether defendant failed in that duty – whether that failure exposed worker to a risk of death or serious injury – whether worker was at work in the business or undertaking of the defendant at the relevant time – failure to ensure scaffold installed at safe distance from overhead power lines – failure to conduct risk assessment which identified the possibility of workers coming into contact with overhead power lines and which required the use of adequate control measure – failure to direct workers not to work with metal material from the scaffold – failure to have in place a safe work method statement that prohibited workers from working with metal material from scaffold within 4 metres of power lines – failure to provide training and instruction for workers using the scaffold proximate to power lines Legislation Cited: Work Health and Safety Act 2011 Cases Cited: Bowker v DP World Melbourne Limited [2014] FWCFB 9227 Corrado Rech v Nomel Pty Ltd [1998] NSWIRComm 463 WorkCover Authority of New South Wales v CSR Limited [1995] NSWIRComm 294 Category: Principal judgment Parties: WorkCover Authority of New South Wales (Prosecutor) E & T Bricklaying Pty Ltd (Defendant 13/379508) Eyup Kose (Defendant 13/379523) Representation: Counsel: Mr B Neild, instructed by WorkCover Authority of New South Wales, appeared for the Prosecutor Dr S Bogan, instructed by Criminal Defence Group, appeared for the defendants File Number(s): 2013/379508; 2013/379523