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ARTICLE · 18 FEBRUARY 2012

Director not too remote to avoid OHS liability

Cooper Grace Ward
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A recent decision has has confirmed that company directors cannot always avoid liability for an OHS incident.

AustraliaEmployment and HR
Belinda Winter
Belinda Winter
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The decision in Inspector James v Paul (No 2)[2011] NSWIRComm 117 (5 September 2011) (James) has confirmed that company directors cannot rely upon their apparent remoteness from the day to day operations of their business to avoid liability for an occupational health and safety (OHS) incident.

Workplace incident

On 3 July 2006 an employee of Deckorform Pty Ltd (Deckorform) died of serious injuries sustained after a machine he had been operating malfunctioned.

WorkCover NSW found that, at the time of the incident, the machine had been operated without a number of safeguards which, had they been in place, would have prevented the incident.

Deckorform and its director, Mr Robert Paul, were charged and pleaded guilty to breaching sections 8(1) and 26 of the Occupational Health and Safety Act 2000 (NSW) respectively.

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