SafeWork NSW v WY Constructions Pty Ltd

SafeWork NSW initiated proceedings against WY Constructions Pty Ltd in the District Court of New South Wales regarding a work health and safety incident. A worker was struck and crushed by a masonry chimney that fell on her during demolition works. The incident highlighted significant safety failings, including the absence of a risk assessment, Safe Work Method Statement, and exclusion zone, and the lack of proper instruction, training, or information for the workers involved. Moreover, the workers had no prior demolition experience, and there was no request for contractors' demolition licences or enforcement of a demolition plan.

The court had to determine the objective seriousness of the offence, the mitigating and aggravating factors, and the appropriate penalty. Given the plea of guilty, the penalty was reduced by 25%. The court considered the potential for general and specific deterrence and the capacity of the defendant to pay an appropriate penalty. Additionally, the court assessed the prosecution costs and ordered the defendant to fund the development of an educative animated video to highlight the incident and safe work practices.

The court found WY Constructions Pty Ltd guilty and imposed a fine of $300,000, reduced by 25% due to the plea of guilty. The court mandated that 50% of the fine be paid to the prosecutor and ordered the defendant to pay the prosecution costs. Furthermore, the court directed the defendant to fund, develop, and produce an educative animated video illustrating the incident and safe work practices, with SafeWork NSW managing the project. The defendant must also transfer the copyright and distribution rights to SafeWork NSW and notify the prosecutor and the court registrar of any address changes. Failure to comply with these orders would allow the matter to be restored before the court.