Inquest into the death of Paul Smith

COURT OR TRIBUNAL

Corners Court New South Wales

DATE FILED (OR FIRST HEARING DATE)

08/04/2016

LITIGATION TYPE

Access to Justice

SUBJECT MATTER

Employment

REVIEW TYPE

N/A

SUMMARY

Catchwords: CORONERS – Cause and manner of death – Industrial accident – Worker trapped in stormwater drain -- Whether risk adequately assessed – Whether policies and procedures appropriate – Whether policies and procedures complied with – Fluid dynamics of stormwater and underestimation of risk – Whether rescue possible – Changes to infrastructure and policy consequent to fatal incident

See particularly [89] and [106]:

[89] Second, SITA, in my view, needs to develop a specific plan for dealing with the problem of the rapid build-up of leachate fluids in extreme storms if the drainage system becomes blocked or overwhelmed by the volumes of stormwater. It is now common knowledge that climate change is real and the consequences are still developing and are not yet fully known. One thing that is very clear, however, is that extreme weather events are becoming more common and more extreme. This needs to be planned for.

[106] The following recommendation to SITA Australia Pty Ltd - That SITA develop with all reasonable speed a specific plan for dealing with the problem of the rapid build-up of leachate fluids in extreme storms if the drainage system becomes blocked or overwhelmed by the volumes of stormwater, bearing in mind the well-reported scientific evidence and opinions that climate change is real and will, over time, lead to increasing frequency and severity of storms.

CASE DOCUMENTS

Inquest into the death of Paul Smith (2014/00089895 ) [2016] NSWCorC 23