SafeWork NSW v Nepean Engineering and Innovation Pty Ltd

SafeWork NSW initiated proceedings against Nepean Engineering and Innovation Pty Ltd in relation to an incident that occurred during the maintenance of a bucket elevator conveyer. The conveyer unexpectedly went into an uncontrolled free run, resulting in an explosion of metal debris that struck a worker on the head. The dispute centred on whether Nepean Engineering and Innovation Pty Ltd had breached its duty under the Work Health and Safety Act by failing to ensure a safe system of work and by not preparing and enforcing a Safe Work Method Statement (SWMS) for the maintenance task. Additionally, the company did not halt work and conduct a risk assessment when changes in the work process were identified. The case was heard in the Local Court of New South Wales.

The court was tasked with determining the objective seriousness of the offence, taking into account both mitigating and aggravating factors. The mitigating factors included the company's early plea of guilty, while the aggravating factors encompassed the potential for serious injury or death and the failure to implement appropriate safety measures. The court also considered the need for general and specific deterrence, as well as the company's capacity to pay an appropriate penalty. The court determined that the objective seriousness warranted a fine of $300,000, but this was reduced by 25% due to the early plea of guilty. Nepean Engineering and Innovation Pty Ltd was convicted, and it was ordered to pay a fine of $225,000. Furthermore, 50% of the fine was to be paid to the prosecutor, and the company was also ordered to pay the prosecutor’s costs.

The court found that Nepean Engineering and Innovation Pty Ltd had breached its duty under the Work Health and Safety Act by failing to establish a safe system of work and by not preparing and enforcing a SWMS for the maintenance task. The court emphasised the importance of implementing and enforcing safety measures to prevent accidents and the serious consequences they can have. The court also highlighted the significance of taking appropriate action when changes in the work process were identified. The company's failure to do so was considered a serious breach of its duty and resulted in the imposition of a substantial fine. The court's decision underscored the need for companies to prioritise safety and ensure compliance with relevant legislation.