SafeWork NSW v Wrigley Metal Roofing Co Pty Ltd

SafeWork NSW brought a prosecution against Wrigley Metal Roofing Co Pty Ltd for breaches of work health and safety laws. The matter was heard in the Local Court of New South Wales, where the company pleaded guilty to various charges related to the safety of its workers. The charges stemmed from an incident where a worker fell from height while climbing down the outside of a scaffold, suffering serious injuries. The prosecution alleged that the company failed to conduct an adequate risk assessment, did not protect the edges of the scaffold, and did not have a site-specific Safe Work Method Statement. Additionally, the company was accused of not providing adequate supervision, training, and instruction to the workers, and of not verifying that the scaffold components were correctly installed and remained in place.

The court had to determine the appropriate penalty for the company, taking into account the objective seriousness of the offences, any mitigating or aggravating factors, and the company's early plea of guilty. The court also had to consider the aims of general and specific deterrence, and the company's capacity to pay a penalty. In assessing the objective seriousness, the court noted the significant risk of death or serious injury posed by the unsafe work practices and the potential for broader community impact if such practices were not addressed. The court acknowledged the company's early guilty plea and its efforts to address the safety issues as mitigating factors. However, the court found that the failure to take adequate safety measures and the serious injuries sustained by the worker were significant aggravating factors.

The court imposed a fine of $300,000, reduced by 25% to reflect the early plea of guilty, resulting in a fine of $225,000. The court also ordered that 50% of the fine be paid to the prosecutor and that the company pay the prosecutor's costs of $23,000. The court emphasised the importance of work health and safety compliance and the need for companies to take all reasonable steps to protect their workers from harm. The orders reflect the court's intention to deter the company and others from engaging in similar unsafe practices and to provide some compensation to the injured worker.