The District Court of NSW has ordered that a WHS charge be
dismissed and costs paid by SafeWork NSW, as the Prosecutor, after
it was determined the charge was "inappropriate to the
circumstances". The decision of SafeWork NSW v Rawson
Homes Pty Ltd [2016] NSWDC 237 has clarified the
interpretation of s 19 of the Work Health and Safety Act
2011 (NSW) (the Act).
Sparke Helmore acted for Rawson Homes, the principal contractor
for a residential construction site in Orange, NSW. Rawson engaged
a specialist contractor, Regal Concreting, to facilitate and pour
the concrete slab for the house, and Regal sub-contracted Dagmar
for the supply and operation of a concrete boom pump.
On 30 October 2013, the pump was set up by Dagmar and several
employees of Regal were performing duties associated with the
concrete pour. One of the outrigger support legs on the pump
fractured, resulting in the uncontrolled fall of the boom, which
hit and injured a Regal employee.
