Worboyes v R

In the Supreme Court, Worboyes appealed against his conviction for a breach of occupational health and safety obligations. The case arose from an incident at a quarrying operation where a truck carrying a load to the top of a stockpile rolled backwards, causing the death of a worker. The applicant, Worboyes, had sole legal authority to carry out the quarrying works and the right to control operations at the quarry. The primary issues before the court were whether the applicant had sufficient 'control' over the operations that created the risk of an accident, and whether it was reasonably practicable to implement a safety measure to mitigate this risk.

The court examined whether Worboyes had sufficient control over the operations to be held liable under the Occupational Health and Safety Act 2004. It was established that he had sole legal authority to carry out the quarrying works and the right to control the operations at the quarry, which was sufficient to establish control. The court followed the decision in Baiada Poultry Pty Ltd v The Queen, holding that the applicant's authority over the operations was enough to establish control. The court also found that the risk of an accident, evidenced by the fatal accident, subsisted despite the applicant not intending for trucks to unload at the top of the stockpile. There was no practical or financial obstacle to implementing a safety measure, such as a protective barrier at the edge of the stockpile, and the applicant had a duty to do so.

The court found that Worboyes had control over the operations and that it was reasonably practicable to implement a safety measure to mitigate the risk of an accident. Consequently, the appeal was dismissed, and Worboyes' conviction was upheld. The court made no orders regarding costs.