SafeWork NSW v Morris, McMahon & Co Pty Limited

SafeWork NSW prosecuted Morris, McMahon & Co Pty Limited for breaches of work health and safety laws following an incident where an employee lost fingers in a press. The case was heard in the Industrial Court of New South Wales. The primary legal issues centred on the duty of care owed by the company under work health and safety legislation, particularly the risk of death or serious injury, and the appropriate penalty for the breaches identified. The court had to consider whether the company had adequately managed the risks associated with operating the press, the adequacy of safety measures in place, and the company's response to the incident, including its level of remorse and contrition.

The court found that the company failed to implement effective safety measures and did not ensure that interlock guarding systems were operational during the machine reset, which directly contributed to the employee's injury. The company did not conduct a safety check or challenge testing before the machine was reset, and operators were inadequately trained. The company's lack of training and oversight were significant aggravating factors. The company's early guilty plea and subsequent remedial actions were considered mitigating factors. The court emphasised the need for general and specific deterrence in sentencing, ultimately determining that a substantial fine was necessary to underscore the seriousness of the breach and the importance of compliance with work health and safety regulations.

The Industrial Court of New South Wales convicted the company and imposed a fine of $180,000, with 50% to be paid to the prosecutor. The court also ordered the company to pay the prosecutor's costs as agreed or assessed. The decision highlights the critical importance of adhering to safety protocols and the consequences of failing to do so, particularly in industries where the risk of severe injury is high.