SafeWork NSW v MHE-Demag Australia Pty Ltd

SafeWork NSW commenced criminal proceedings against MHE-Demag Australia Pty Ltd in relation to the death of a worker. The dispute centred on whether the company breached its duty under work health and safety laws, specifically the risk of death or serious injury. The case was heard in the Local Court of New South Wales.

The court was required to determine whether the company fulfilled its duty as an employer to ensure the health and safety of its workers. The legal issues included whether the company had taken all reasonably practicable steps to mitigate risks and whether it had complied with the work health and safety regulations. Additionally, the court assessed the objective seriousness of the offence and considered factors for and against imposing a penalty.

In determining the penalty, the court considered the objective seriousness of the offence, the need for deterrence, and various aggravating and mitigating factors. The court found that the company had no significant record of previous convictions, had good prospects of rehabilitation, showed remorse, entered an early guilty plea, and provided assistance to law enforcement authorities. The court concluded that these mitigating factors, along with the seriousness of the breach and its consequences, warranted a substantial penalty. The court imposed a fine of $525,000, ordered the company to pay the prosecutor’s costs, and mandated that 50% of the fine be paid to the prosecutor.