SafeWork NSW v Momentum Consulting Group Pty Ltd

SafeWork NSW brought proceedings against Momentum Consulting Group Pty Ltd in relation to a work health and safety incident. A worker at a construction site operated a mobile elevating work platform (MEWP) which tipped over, causing serious injury. The worker had not been provided adequate training on the use of the MEWP. The matter was heard in the Local Court of New South Wales. The key issues for the court to decide were whether the defendant had breached its statutory duties under the work health and safety legislation, and whether the risk of the incident occurring was reasonably foreseeable.

The court found that the defendant had breached its duty of care under the legislation, as it had not provided the worker with adequate training. The court determined that the risk of the MEWP tipping over was reasonably foreseeable, given the lack of training and the defendant's knowledge of the worker's inexperience with the equipment. The court held that the risk of death or serious injury was not remote, and that the defendant had failed to take reasonable steps to prevent the risk from materialising. The court found the defendant guilty of the relevant offence.

The court imposed a penalty on the defendant and ordered it to take steps to ensure that its workers receive adequate training in the future. The court also ordered the defendant to display a notice of the conviction on its premises.