SafeWork NSW v Sandhu Construction Group Pty Ltd

SafeWork NSW, acting on behalf of the NSW government, brought proceedings against Sandhu Construction Group Pty Ltd, a construction company, in relation to a workplace health and safety incident that resulted in the death of an employee. The case was heard in the Local Court of New South Wales. The primary issue before the court was whether the defendant had failed to ensure that its workers were not exposed to risks of death or serious injury by not taking all reasonably practicable measures to eliminate or mitigate those risks. The court had to consider the likelihood of the risk occurring, whether the risk was known, and what the defendant ought reasonably have known.

The court examined the evidence to determine if the defendant had failed in its duty to ensure health and safety. It assessed the likelihood of the risk occurring and the adequacy of the measures taken by the defendant to prevent the risk. The court found that the risk of death or serious injury was foreseeable and that the defendant had not taken all reasonably practicable steps to mitigate that risk. The court also considered the utility of the defendant's plea of guilty, which led to a reduction in the fine imposed. The court concluded that the defendant had failed to comply with its obligations under the relevant legislation.

The court ordered that the defendant be convicted and that it pay a fine of $700,000, reduced by 5% for the plea of guilty, resulting in a fine of $665,000. Half of this amount was to be paid to the prosecutor. The court also ordered that the defendant pay the prosecutor's costs as agreed or assessed. This decision highlights the importance of adhering to workplace health and safety regulations and the consequences of failing to do so.