SafeWork NSW v DIC Australia Pty Ltd

SafeWork NSW brought an action against DIC Australia Pty Ltd, a manufacturer of ink products, in the Local Court of New South Wales. The prosecution was initiated due to an incident where blockages in an ink holding tank and mill caused an onslow mixer and mill to remain in operation while the tank was being cleaned. The access hatch was removed before the anchor blade was electrically isolated, leading to a contractor's leg being trapped between the side of the tank and the anchor blade. Other workers suffered injuries when they entered the tank to assist the trapped worker. The electrical isolation system was inadequate, lacking an external isolator switch or emergency stop. The confined space entry permit had only been partially completed, and there was no adequate audit procedure to ensure job safety analysis and confined space entry permit were being utilised. Furthermore, safety documents regarding the electrical configuration of the tank were inadequate.

The court had to decide on the criminal liability of DIC Australia Pty Ltd, considering the duty of persons undertaking a business under work health and safety legislation. It also had to determine the appropriate penalty, taking into account various factors such as the objective seriousness of the offence, mitigating and aggravating factors, the plea of guilty, general and specific deterrence, and the capacity of the defendant to pay an appropriate penalty. Additionally, the court was required to consider the costs incurred by the prosecutor.

The court found DIC Australia Pty Ltd guilty, taking into account the serious nature of the incident, which resulted in injuries to workers. The court considered the plea of guilty as a mitigating factor and reduced the fine by 25%. The court assessed the objective seriousness of the offence, focusing on the potential for death or serious injury, the absence of adequate safety measures, and the impact on the victims. The court also considered the capacity of DIC Australia Pty Ltd to pay the penalty and ordered the company to pay a fine of $450,000, with 50% to be paid to the prosecutor. Furthermore, the court ordered DIC Australia Pty Ltd to pay the prosecutor's costs in the amount of $45,000.