SafeWork NSW v Bullock Mfg Pty Limited

SafeWork NSW initiated proceedings against Bullock Mfg Pty Limited, alleging breaches of work health and safety regulations. The dispute arose from an incident where an inexperienced worker, Mr Daniel William, suffered serious crush injuries and partial amputations when his hand became caught in the moving parts of a die press machine. The incident occurred due to inadequate training, a lack of a formal induction, limited supervision, and a malfunctioning press guard. The case was heard in the Industrial Court of New South Wales. The primary legal issues were whether Bullock Mfg Pty Limited breached its duty under work health and safety legislation by failing to provide a safe working environment and adequate training, and if so, what the appropriate penalty should be.

The court had to determine whether Bullock Mfg Pty Limited failed to exercise due diligence in ensuring the safety of its workers. It considered the severity of the incident, the potential for preventing the injury, and the company's conduct before and after the incident. The court also examined mitigating and aggravating factors in determining the appropriate penalty, including the company’s plea of guilty, the capacity to pay, and the need for general and specific deterrence. The court recognised that the incident would have been preventable with proper adjustments to the press guards and appropriate supervision.

After considering all the factors, the court convicted Bullock Mfg Pty Limited and imposed a fine of $220,000, reduced by 25% due to the guilty plea, resulting in a fine of $165,000. The court ordered that 50% of the fine be paid to the prosecutor and mandated Bullock Mfg Pty Limited to pay the agreed prosecution costs of $36,106. The court took into account the victim impact statement of Mr Daniel William in its sentencing considerations.