SafeWork NSW v Poletti Corporation

SafeWork NSW brought proceedings against Poletti Corporation, seeking to enforce compliance and recover penalties under the Work Health and Safety Act 2011 (NSW). The case arose from an incident where a worker was seriously injured after falling from a height at a construction site managed by Poletti Corporation. The dispute centred on whether Poletti Corporation had fulfilled its obligations under the Act to ensure the health and safety of workers, specifically in relation to the risk of falls from heights.

The court was required to determine if Poletti Corporation had a duty to eliminate or mitigate the risk of falls from height, whether the risk was reasonably foreseeable, and whether the measures taken to prevent such falls were reasonable and practicable. This included examining whether the company was aware of the risk, if the risk was reasonably foreseeable, and if the measures taken to prevent falls were compliant with the relevant Australian Standard. Additionally, the court considered the adequacy of the control measures, such as the provision of work platforms and edge protection, in mitigating the risk of falls.

The court found that Poletti Corporation was aware of the risk of falls from height and that the risk was reasonably foreseeable. It was determined that the measures taken by Poletti Corporation were not sufficient to mitigate the risk effectively. The court highlighted that the company had failed to provide adequate work platforms and edge protection, which are recognised as reasonable and practicable measures in preventing falls. The court also noted the relevance of the Australian Standard in assessing the adequacy of the control measures. Consequently, the court held that Poletti Corporation had breached its duty under the Act.

In conclusion, the court found Poletti Corporation guilty of the offence. The prosecution successfully demonstrated that Poletti Corporation had failed to comply with its statutory obligations to ensure the health and safety of workers by not implementing adequate measures to prevent falls from heights. The court's decision underscores the importance of adhering to safety standards and taking proactive steps to eliminate or mitigate foreseeable risks in the workplace.