SafeWork NSW v Macquarie Milling Co Pty Limited; SafeWork NSW v Samuels

SafeWork NSW prosecuted Macquarie Milling Co Pty Limited and its director, Roland Albert Samuels, following an incident in which an employee was fatally injured. The employee was dragged into a milling machine by an unguarded rotating shaft. The case was heard in the District Court of New South Wales. The court had to determine the appropriate penalties for the corporation and the individual, as well as the applicability of various factors such as the plea of guilty, the objective seriousness of the offence, and the presence of mitigating or aggravating factors.

The primary legal issues included whether the corporation and the director breached their duty of care under the Work Health and Safety Act 2011, and if so, what penalties should be imposed. The court considered the objective seriousness of the incident, the adequacy of the training provided, and the role of the director in ensuring compliance with work health and safety regulations. The court also examined the plea of guilty, which resulted in a 25% reduction in the fines imposed. The court further deliberated on whether specific deterrence and general deterrence warranted additional penalties, such as training orders, a due diligence plan, and a work health and safety undertaking.

The court found both the corporation and the director guilty and imposed fines, with reductions reflecting their pleas of guilty. The court ordered the corporation to pay a fine of $180,000 and the director a fine of $22,500, with half of each fine to be paid to the prosecutor. Additionally, the director was mandated to undertake specific training and develop a due diligence plan, both of which were to be conducted on site at the company's premises. The director was also required to enter into a work health and safety undertaking and to notify the relevant authorities of any changes of address. The corporation was additionally ordered to pay the prosecutor's costs.

The final orders included the conviction of both the corporation and the director, the imposition of fines, payment of costs, and specific directives for the director to undertake training and develop a due diligence plan. The director was also required to enter into a work health and safety undertaking and notify authorities of any changes of address. The matter was adjourned, with the director required to appear on a specified date and to ensure compliance with all orders.