SafeWork NSW v McConnell Dowell Constructors (Aust) Pty Limited (No. 3)

SafeWork NSW prosecuted McConnell Dowell Constructors (Aust) Pty Limited in the Local Court of New South Wales, alleging breaches of work health and safety laws that resulted in severe injuries to a rigger working on a barge. The rigger was seriously injured when unrestrained steel headstocks fell on him due to inadequate risk assessment and failure to clear deck space or conduct a visual inspection of the barge, despite contractual obligations. The Local Court had to determine the legal issues surrounding the company's duty to ensure worker safety, the objective seriousness of the breach, and the appropriate penalty, including costs and fines.

The primary legal issue was whether the company fulfilled its duty to ensure the health and safety of workers by conducting an adequate risk assessment and complying with contractual obligations for safety inspections. The court had to consider the objective seriousness of the breach, taking into account the substantial harm caused to the rigger, as well as any mitigating or aggravating factors. The court also needed to balance the need for general and specific deterrence against the company's conduct and consider the victim impact statements.

The court found McConnell Dowell Constructors (Aust) Pty Limited guilty of breaching work health and safety laws. It determined that the objective seriousness of the breach was high, given the substantial harm, injury, and loss to the rigger. The court emphasised the importance of the parity principle in sentencing corporate entities and considered both mitigating and aggravating factors. The company's failure to conduct a proper risk assessment and comply with contractual obligations were significant aggravating factors. The court also took into account the impact on the victims, Ms. Kay Macpherson and Mr. Iain Macpherson. The court imposed a fine of $500,000, ordered that 50% of the fine be paid to the prosecutor, and mandated the company to pay the prosecutor's costs.