Laing O'Rourke (BMC) Pty Ltd v Kirwin

[2011] WASCA 117

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Occupational Health and Safety
2. › Duties of employers
3. › Duty to provide and maintain safe working environment
4. › Qualification of duty by practicability
5. › Whether employer required to independently investigate structural adequacy of accommodation constructed by third parties
6. › Whether reasonable to rely on local authority approval and competent contractors
7. › Occupational Safety and Health Act 1984 (WA), s 19(1)
1. Occupational Health and Safety
2. › Duties of employers
3. › Practicability
4. › Onus of proof
5. › Whether prosecution bears onus of proving practicability of measures not taken
6. › Occupational Safety and Health Act 1984 (WA), s 19(1)
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Adequacy of reasons
5. › Whether reasons sufficiently specified inquiries and investigations the absence of which founded finding of guilt

Quick Take

An employer's duty under s 19(1) of the Occupational Safety and Health Act 1984 (WA) to provide a safe working environment does not require the employer to independently investigate the structural adequacy of accommodation constructed by apparently competent third parties and approved by the relevant local authority, where there is nothing to alert the employer to deficiencies. The prosecution must prove by evidence what specific inquiries and investigations were practicable and what they would have revealed.