SafeWork NSW v Prime Marble & Granite Pty Ltd

SafeWork NSW brought proceedings against Prime Marble & Granite Pty Ltd in the District Court of New South Wales, alleging breaches of the *Work Health and Safety Act 2011* (NSW) and the *Work Health and Safety Regulation 2017* (NSW). The dispute concerned the death of an employee, Mr. Kosta, who suffered a fatal fall from a height while working at the company's premises. SafeWork NSW contended that Prime Marble & Granite Pty Ltd failed to provide a safe system of work, specifically in relation to working at heights, thereby breaching its duties as a person conducting a business or undertaking (PCBU).

The central legal issue before the court was whether Prime Marble & Granite Pty Ltd had committed an offence under the *Work Health and Safety Act 2011* (NSW) by failing to ensure, so far as was reasonably practicable, the health and safety of its workers, including Mr. Kosta, in relation to the risk of falls from height. This required the court to consider the scope of a PCBU's duty of care, the meaning of "reasonably practicable," and the adequacy of the safety measures implemented by the company in the context of the work being performed.

The court found that Prime Marble & Granite Pty Ltd had breached its duty of care. It reasoned that the company had failed to implement reasonably practicable control measures to mitigate the risk of falls from height. While the company had some safety procedures in place, these were deemed insufficient given the nature of the work and the height involved. The court applied the principles established in work health and safety legislation, emphasizing that a PCBU must proactively identify risks and implement appropriate controls to ensure the health and safety of its workers. The court considered the specific circumstances of the incident and concluded that more robust measures, such as edge protection or fall arrest systems, should have been in place.

The District Court convicted Prime Marble & Granite Pty Ltd of the offence and imposed a penalty.