SafeWork NSW v BSA Advanced Property Solutions (Fire) Pty Ltd

SafeWork NSW prosecuted BSA Advanced Property Solutions (Fire) Pty Ltd for breaches of work health and safety laws that led to the death of a worker. The case was heard in the NSW District Court. The worker was fatally injured when a test cap was ejected from a pipe due to a sudden release of pressurised air during the installation of a fire hydrant and sprinkler system. The court was tasked with determining the appropriate penalty for the company’s breaches, including the failure to fit a means to release pressure or identify when the system was pressurised, the failure to implement and enforce an adequate safe work method statement, and the failure to provide workers with adequate training, information and instruction.

The court considered several factors in determining the penalty, including the objective seriousness of the breach, the company's capacity to pay, and the presence of mitigating and aggravating factors. The court noted the company’s early guilty plea as a mitigating factor, reducing the fine by 25%. However, the objective seriousness of the breach, which resulted in the death of a worker, was an aggravating factor. The court also emphasised the need for general and specific deterrence in setting the penalty. The final penalty imposed was a fine of $450,000, reduced from $600,000 to reflect the early plea. Additionally, the court ordered that 50% of the fine be paid to the prosecutor and that the company pay the prosecutor’s costs.