In sentencing for serious occupational safety offences under s 21(2) of the OSH Act 1984 (WA), the primary factor is the objective seriousness of the offence assessed by reference to foreseeable potential consequences and the measure of disregard for safety. Personal mitigating factors play a subsidiary role in serious cases. An employer's clean record is of little weight where the maximum penalty applies only to first offenders. An employer cannot substantially mitigate its culpability by pointing to an employee's failure to follow directives where there was an ongoing systemic failure to enforce those directives. A fine of $110,000 was appropriate where the maximum was $400,000 for a serious breach involving a known and obvious risk, prior incidents and warnings, ease of remediation, and serious injuries to a member of the public.
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