1. White Card Update: Workplace Fatality Fine Almost
Doubled
Following the death of a worker, a major Forestry company was convicted of violating The
Occupational Health and Safety Act of 2004. After an appeal by The Director of Prosecutions
the initial fine of $120,000 was increased to $230,000. This highlights the need for companies to
ensure all Occupational Health and Safety Regulations are adhered to. Companies have a
responsibility to ensure a safe working environment to workers.
According to a report by WorkSafe Victoria :
A division of a major Australasian forestry company had its fine for workplace safety
breaches nearly doubled on appeal in the County Court this morning.
Carter Holt Harvey Woodproducts Australia Pty Ltd, now part of BSG Holdings Pty Ltd
was convicted and fined $230,000 after being initially convicted and fined $120,000 by a
magistrate in November 2010. Costs of $20,000 were awarded against the company.
Michelle Cooper (35) died in 2008 when a one-and-a-half tonne timber pack hoist fell on
her as she dislodged a jammed piece of timber at its Morwell wood processing plant.
The company had been charged under section 21(1)&(2)(b)* of the Occupational Health
and Safety Act 2004.
The Director of Public Prosecutions took the matter to appeal on the basis that the
original fine was manifestly inadequate.
Judge Tinney said while the company had not blatantly disregarded safety, it had been
blind to a common enough hazard and should have been more aware of it given the size
and nature of the machine.
Source:
http://www.worksafe.vic.gov.au/wps/wcm/connect/wsinternet/worksafe/sitetools/news/ca
rter+holt+harvey+workplace+fatality+fine+nearly+doubled+after+appeal
This incident highlights the problem of the fatalities caused by falling objects on work sites,
which statistics show is the major cause of workplace fatalities. Occupational Health and Safety
Laws have strict guidelines regarding falling objects and necessary safety measures. However
in instances where falling objects cannot be avoided, it is vital that the proper emergency
training is given to workers in order to react correctly in an emergency.
A recent article by SafetyCulture.com.au reinforced the seriousness for companies to address
the issue of fatalities due to falling objects:
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2. The Safe Work Australia data said the most common cause of fatalities in the second
half of 2011 was being hit by a falling object, which accounted for 13 fatalities, followed
by pedestrians being hit by vehicles, which accounted for eight fatalities, and air
crashes, which accounted for seven fatalities.
WorkSafe had this to say on the issue:
WorkSafe’s Executive Director for Health and Safety, Ian Forsyth, welcomed the
increase saying timber milling was high-risk work requiring employers to provide the
highest possible level of protection for their workers.
“We expect a company which is part of a major player in the forestry industry to be
leading the way on health and safety – clearly this wasn’t the case,” he said.
“Apart from taking the life of Ms Cooper, it has had a serious effect on her workmates,
family and friends. While no amount of fine will reduce their sense of grief, the increase
should give them comfort that the issue has been seriously addressed by the court.
“Incidents like this and the penalties imposed by the courts should send a strong and
clear message to all employers about their legal obligation to do what is necessary to
reduce workplace safety risks.
“The opportunity for industry, all employers and workers is to look closely at how safety
improvements can reduce the chance of injuries so the commercial and personal risks,
legal action, and the associated costs, can be eliminated.
“As an absolute basic requirement, employers must train and supervise workers, have
documented safe systems of work and take all practicable steps to prevent incidents like
this from happening.”
What the law says:
Carter Holt Harvey Woodproducts Australia Pty Ltd was prosecuted under Section
21(1)&(2)(b) of the Occupational Health and Safety Act 2004. This section covers the
responsibility of employers to provide and maintain a safe workplace. In particular it
requires them to make arrangements for ensuring, so far as is reasonably practicable,
safety and the absence of risks to health in connection with the use, handling, storage or
transport of plant or substances.
Source:
http://www.worksafe.vic.gov.au/wps/wcm/connect/wsinternet/worksafe/sitetools/news/ca
rter+holt+harvey+workplace+fatality+fine+nearly+doubled+after+appeal
Clearly the aim is to make companies aware of authorities’ commitment to combating
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3. workplace fatalities by hitting them where it hurts most, their pockets. But accidents on site have
consequences for workers as well as businesses. Besides a loss of revenue and stop in work
flow, companies face hefty fines. Companies that ensure their workers are trained will reduce
incidents and protect themselves from the fallout of similar incidents on site.
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