Self employer convicted and given jail time following death of worker

Reckless

February 7, 2019

Conviction under work health and safety legalisation can result in significant fines and/or imprisonment.

Work health and safety legislation in Australia places significant duties and obligations on employers to ensure the health and safety of workers and others in the workplace.

Breaches of work health and safety duties constitute offences under work health and safety legislation and can lead to prosecution by a regulator. Conviction under work health and safety legalisation can result in significant fines and/or imprisonment.

The recent prosecution and conviction of an owner-operator in Victoria demonstrates the serious consequences that breaches of work health and safety obligations can have on businesses and individuals.

A Victorian Magistrates’ Court found the owner of a scrap metal business guilty of breaching the Occupational Health and Safety Act 2004 (Vic) (OHS Act) after a worker was fatally crushed by a metal bin.

The company owner was operating a forklift to lift a metal bin which the worker was standing in. When the metal bin was raised in the air, the worker fell through the corroded base of the bin before the bin itself fell from the forklift tines on top of the worker. The company owner did not, and had never, held a forklift licence and the bin itself had not been properly secured to the forklift.

Worksafe Victoria commenced proceedings against the company owner for breaches of the OHS Act, specifically:

The duty as a self-employer to ensure, so far as is reasonably practicable, that persons are not exposed to work health and safety risks; and
The duty not to recklessly engage in conduct that places or may place another person in danger of serious injury without lawful excuse.

The company owner pleaded guilty to both breaches and, in December 2018, was sentenced to six months gaol and was ordered to pay a fine of $10,000 plus costs.

This conviction in Victoria is the first for a breach of the duty not to recklessly endanger a worker and indicates the seriousness with which the regulators and the courts will take a failure to comply with work health and safety duties. As noted above, a breach of work health and safety legislation is a criminal offence and could result in criminal conviction with penalties including fines or imprisonment or both for individuals and officers.

Information provided in this blog is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.

Sole trader convicted and fined for WHS breach resulting in death of worker

In a recent decision of the NSW District Court, a sole trader has been convicted and fined $100,000 for breaching his health and safety duty under the Work Health and Safety Act 2011 (Cth), which resulted in workers being exposed to a risk of death or serious injury.

September 30, 2024

Blogs

The difficulties in balancing privacy and WHS obligations when handling employee personal information

To tell or not to tell

A recent decision of the Office of the Australian Information Commissioner has illustrated how difficult it can be for employers to balance their obligations under various workplace laws when managing ill and injured employees.

August 6, 2024

Blogs

Industrial manslaughter offence introduced in New South Wales

On 20 June 2024, the New South Wales Parliament passed legislation to include a new criminal offence of industrial manslaughter under work health and safety legislation.

June 26, 2024

News Alerts

WHS

Work Health and Safety

Commission finds no objective or rational connection between an employee’s age and his flexible working request to work from home

The age of flexibility

An employee will only be eligible to request a flexible working arrangement if they are able to demonstrate that there is a sufficient nexus between one of the prescribed circumstances under the Fair Work Act 2009 (Cth) and the request itself.

December 11, 2024

Blogs

Employer’s “tick and flick” training on workplace policies rendered dismissal unfair

Not just the what, but also the why

When relying on a workplace policy as grounds for dismissal, employers must be able to clearly demonstrate that the employee is aware of the policy and has undergone meaningful training on the policy.

December 10, 2024

Blogs

Commission finds employer’s unsubstantiated allegations rendered dismissal unfair

Not mushroom for error

Where there is a factual dispute about allegations made against an employee, employers must ensure that the allegations are properly tested before proceeding to a disciplinary process. This will ensure that the employee has been provided with procedural fairness and any reasons relied on by the employer as grounds for dismissal are valid.

November 19, 2024

Resources: Blogs

Reckless