SafeWork NSW v The Owners Strata Plan No 93899

SafeWork NSW prosecuted The Owners Strata Plan No 93899 in the Local Court of New South Wales over an incident that occurred at a construction site. A worker was fatally crushed when a damaged gate fell on him after being struck by a vehicle. The prosecution alleged that the owners had breached their duty under work health and safety laws by failing to prevent the manual operation of the gate, failing to direct workers not to operate the gate until it was replaced or repaired, failing to post appropriate signage, failing to urgently repair the gate, failing to conduct a risk assessment, and failing to remove the gate from service. The defendants pleaded guilty to the charges. The court considered the objective seriousness of the incident, the plea of guilty, mitigating factors, and the need for general and specific deterrence in determining the appropriate penalty. The court ordered a fine of $300,000, reduced by 25% due to the early guilty plea, resulting in a fine of $225,000. Additionally, the court ordered that 50% of the fine be paid to the prosecutor and that the defendants pay the prosecutor's costs of $40,000.