PRW Services and Peter Whalan convicted for injuring worker on Johns Lyng site (First 2024 Workplace Health and Safety Prosecution Concludes)

The first Workplace Health and Safety (WHS) prosecution for the year 2024 reached its conclusion today in the case of SafeWork NSW v PRW Services Pty Ltd and Peter Whalan [2024] NSWDC 16. Both PRW Services and its director, Mr. Whalan, were found guilty of offences under Section 32 of the WHS Act. The prosecution, led by Barrister Ian Fraser on behalf of SafeWork NSW, saw representation from Barrister Michael McAuley for both defendants, while Judge Russell SC presided over the matter.

Background

The case stems from activities at a site in Moorebank, where Johns Lyng Group engaged numerous subcontractors. Among these subcontractors was Canon Roofing Solutions, who further subcontracted work to PRW Services Pty Ltd. The incident in question occurred during work involving the removal and replacement of roof sheets and flashings.

I have been working on a bigger article about Canon who were prosecuted late last year and so far the only response from Canon Roofing Solutions has been “I’m currently on extended leave… I will respond on my return”

Incident Details

On 19 November, 2020, Mr. Whalan, Mr. Irwin (the injured worker), and Mr. Jessie Newman were engaged in removing roof sheets and preparing replacements. Before commencing work, Mr. Whalan lifted the apron flashing and noticed that the roof sheet was not properly fixed, a fact not communicated effectively to Mr. Irwin. Consequently, when Mr. Irwin stepped onto the roof sheet, he fell approximately seven meters to the ground, sustaining severe injuries.

Failings of Defendants

The prosecution highlighted several failings, including the absence of fall protection measures, inadequate task-specific instructions, and failure to ensure the provision of necessary safety equipment. Despite being aware of the risks, Mr. Whalan did not enforce safety measures, leading to the serious injury of Mr. Irwin.

Sentencing

PRW Services Pty Ltd was fined $375,000, reduced by 25% for an early plea of guilty. Peter Whalan was fined $45,000, similarly reduced for an early plea of guilty.

Conclusion

This case underscores the importance of stringent workplace safety protocols and the accountability of employers and directors in ensuring the well-being of workers. It serves as a reminder of the legal consequences for negligence in workplace safety practices.