Pendle Ham and Bacon Pty Ltd and PHBC LH Pty Ltd have been convicted and fined $320,000 and $270,000, respectively, in the District Court of NSW as a result of a prosecution by SafeWork NSW.
These proceedings arose from an incident on 22 May 2021, when a worker suffered serious injuries after tripping on a skylight and falling about 10 metres while cleaning a roof above a retail store.
Pendle Ham and Bacon Pty Ltd plead guilty to two offences pursuant to section 32 of the Work Health and Safety Act 2011, one for failing to comply with its duty to workers under section 19(1), and one for failing to comply with its duty to ensure a workplace is without risk to health and safety under section 20(2) of the Act.
PHBC LH Pty Ltd plead guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 for failing to comply with its duty to workers under section 19(1) of the Act.
The full judgment against defendant can be read on the NSW Caselaw website.
Pendle Ham and Bacon Pty Ltd and PHBC LH Pty Ltd have the right to appeal against their sentences.
Workers who have concerns about workplace health and safety can anonymously contact SafeWork NSW on 13 10 50 or through the Speak Up Save Lives website.
Business owners and workers can access a range of resources to help manage the risks of working from heights on the SafeWork NSW website.
Quotes attributable to SafeWork Commissioner Janet Schorer:
"Falls from heights are a primary cause of traumatic injuries and fatalities at NSW workplaces."
"SafeWork NSW reminds all businesses of their duty to ensure their workers are protected when working at heights."
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