ARTICLE · 03 APRIL 2019

Brick company found not guilty in WHS prosecution

Colin Biggers & Paisley

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Are your safety systems defensible and enough to protect the safety of your workers?

AustraliaEmployment and HR

Kerry O'Brien

In brief - Are your safety systems defensible and enough to protect your workers' safety?

In SafeWork NSW v The Austral Brick Co Pty Limited [2018] NSWDC 387, Austral Brick Co Pty Ltd (Austral Bricks) was found not guilty of an alleged breach of the Work Health and Safety laws of NSW.

Austral Bricks demonstrated to the Court that its contractor management safety system managed the risks, so far as reasonably practicable, for experienced roof plumbing contractors undertaking work on the roof area of a factory building.

SafeWork alleges breach of primary duty of care after investigating roof plumber's fall through factory roof

An experienced and competent roof plumber had been engaged to undertake repair works to a box gutter on an old factory building. The roofing material was identified as corrugated asbestos sheeting. Signs on the roof stated:

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