SafeWork NSW v Rockfield Contracting Pty Ltd (No. 2)

In SafeWork NSW v Rockfield Contracting Pty Ltd (No. 2), the court dealt with a prosecution brought by SafeWork NSW against Rockfield Contracting Pty Ltd in the NSW District Court. The matter arose from an incident where a drill string and drill head containing stored energy broke free from the earth and struck a fatal blow to a worker, Paul Walsh, on 14 April 2016. The prosecution sought to hold Rockfield Contracting Pty Ltd accountable for breaches of work health and safety regulations under the Work Health and Safety Act 2011 (NSW).

The court was tasked with determining the objective seriousness of the offence, the appropriate penalty for Rockfield Contracting Pty Ltd, and the imposition of a Work Health and Safety project order. The central legal issues involved assessing the level of culpability given the unavailability of guidance material identifying the risk, the likelihood of the risk occurring, and the appropriate penalty that would serve general and specific deterrence. The plea of guilty by Rockfield Contracting Pty Ltd was also a factor in the court’s consideration of the penalty.

The court found the offence to be of significant objective seriousness, considering the fatal outcome and the breach of duty of care under the Act. The mitigating factors included the plea of guilty and the absence of a previous history of similar breaches. However, the court noted the severity of the consequences and the need for deterrence. The court ordered a fine of $250,000, with 50% to be paid to the prosecutor, and mandated the payment of the prosecutor’s costs. Additionally, the court imposed a Work Health and Safety project order, requiring Rockfield Contracting Pty Ltd to develop an educative animated video highlighting the incident and appropriate safety measures. The video was to be produced by a suitable external provider, with oversight by SafeWork NSW, and the costs limited to $15,000. The court also granted liberty to restore the matter for any future variations or non-compliance.