SafeWork NSW v Avant Stone Pty Ltd

SafeWork NSW prosecuted Avant Stone Pty Ltd for breaches of work health and safety laws, leading to a worker being crushed by stone slabs. The case was heard in the Local Court of New South Wales. The central issue was whether Avant Stone Pty Ltd had adequately discharged its duty under the relevant legislation to prevent the risk of death or serious injury to its workers. This included examining whether the company had a documented safety system in place, provided adequate supervision and spotting during the handling of heavy stone slabs, and implemented measures to prevent the slabs from tipping over.

The court found that Avant Stone Pty Ltd had failed to implement adequate safety measures. The slabs were stored on A-frames without safety bars, there was no documented safety system, and no supervision or spotting was provided when the slabs were being moved using an overhead crane. The worker was crushed when the slabs tipped over, resulting in severe injuries. The court considered various factors in determining the penalty, including the objective seriousness of the breach, the company's early guilty plea, and its capacity to pay. The court concluded that a substantial fine was necessary to achieve general and specific deterrence.

Avant Stone Pty Ltd was convicted, and a fine of $600,000 was imposed. The fine was reduced by 25% due to the early guilty plea, resulting in a total fine of $450,000. The court ordered that half of the fine be paid to SafeWork NSW and that Avant Stone Pty Ltd also pay the prosecution's costs. This decision underscores the importance of adhering to work health and safety regulations to prevent serious injuries in the workplace.