SafeWork NSW v BSA Limited (No. 3)

SafeWork NSW initiated proceedings against BSA Limited in relation to the death of a worker installing a satellite dish. The deceased worker received a fatal electric shock after coming into contact with a live wire and an earth wire located underneath a house. The court heard that BSA Limited had failed to provide and maintain a system of work, including a requirement to lock or tag the main switch or meter box where the technician needed to isolate power, and had not mandated the use of a volt stick. Furthermore, there was an absence of adequate information, training, instruction, and supervision concerning the isolation of power, the use of a lock or tag, the use of a volt stick, and the conduct of an adequate risk assessment.

The primary legal issues addressed by the court were whether the actions of BSA Limited were a substantial or significant cause of the death and, if so, the appropriate penalty to impose. The court found that the principles of causation were satisfied, and the acts of BSA Limited were indeed a substantial or significant cause of the death. The court adopted a common sense approach in applying these findings. The court also considered the objective seriousness of the offence, mitigating factors such as the early plea of guilty, and aggravating factors in determining the appropriate penalty.

BSA Limited was convicted on 29 September 2023. The court determined that the appropriate fine was $600,000, which was reduced by 10% due to the early plea of guilty, resulting in a fine of $540,000. The court ordered that 50% of the fine be paid to the prosecutor and reserved all questions of costs, directing the parties to follow a specified timeline for submitting written submissions and informing the court whether a hearing on costs was necessary.