SafeWork NSW v Bermagui Constructions Pty Ltd

SafeWork NSW prosecuted Bermagui Constructions Pty Ltd in relation to an incident where a worker fell from a height while conducting roofing work. The worker fell through the roof soffit, and the company had not implemented any fall prevention systems. Additionally, the worker lacked the necessary qualifications and experience to work at such heights. The company failed to direct its employees to avoid working on the roof until safety measures were put in place. The matter was heard in the Local Court of New South Wales.

The court had to decide the appropriate penalty for the company's breach of work health and safety laws. It considered the objective seriousness of the offence, the company's early plea of guilty as a mitigating factor, and the absence of any aggravating factors. The court also evaluated the need for general and specific deterrence and the company's capacity to pay an appropriate penalty. Additionally, the court examined the costs associated with the prosecution.

The court found that the company was guilty of the offence and determined that the appropriate fine was $300,000. However, it reduced the fine by 25% to reflect the early plea of guilty, resulting in a fine of $225,000. The court ordered that 50% of the fine be paid to the prosecutor and that the company also pay the prosecutor's costs. This decision emphasised the importance of workplace safety and the need for companies to take appropriate measures to protect their workers from harm.