Safework NSW v NSW Formwork Pty Limited

Safework NSW prosecuted NSW Formwork Pty Limited for an incident where a worker fell from a ladder and sustained injuries. The worker fell onto reo bars from which caps were missing, and there was a lack of edge protection, increasing the risk of a fall from height. The dispute was heard in the Local Court of New South Wales. The legal issues before the court were the objective seriousness of the offence, the mitigating and aggravating factors, and the appropriate penalty to be imposed considering the plea of guilty, general deterrence, and specific deterrence. The court found the objective seriousness of the offence to be high due to the potential for death or serious injury and the additional risk created by the lack of edge protection. The mitigating factors included the company’s plea of guilty and their efforts to improve safety practices post-incident. However, the aggravating factors such as the high risk of death or serious injury and the lack of edge protection were significant. The court reduced the fine by 25% due to the plea of guilty but still imposed a substantial fine and ordered the offender to pay the prosecutor’s costs. The final orders included a conviction, a fine of $150,000, and an order for the offender to pay 50% of the fine to the prosecutor and $33,000 in costs.