Multiple WHS breaches total $757K in fines


Friday, 16 August, 2024

Multiple WHS breaches total $757K in fines

Three serious breaches of work health and safety legislation have culminated in a total of $757,500 in fines.

The ACT Industrial Court Magistrate handed down these sentences, which WHS Commissioner Jacqueline Agius said were the result of the hard work of WorkSafe ACT’s inspectors and investigations team.

“This is the culmination of a tremendous effort by our dedicated inspectors and investigators. These outcomes reaffirm WorkSafe ACT's intent to regulate all workplaces and hold anyone who fails to fulfil their WHS duties accountable,” she said.

Metal Manufactures Pty Ltd was convicted of a Category 2 offence with a $375,000 fine plus costs being imposed by the ACT Industrial Court Magistrate. Site manager Jack Platt was also convicted of a Category 2 offence, receiving a $7500 fine plus costs.

In June 2024, Metal Manufactures Pty Ltd and Platt pleaded guilty to charges laid against them, arising from an incident that caused the serious injury of a young worker. In January 2022, the worker, a salesperson for the business, was using an electric cable winding machine to cut cables into shorter lengths for delivery. As the worker was winding the cable it became jammed, causing the cable racking to fall forward on top of them, resulting in serious injury. WorkSafe ACT’s investigation of the matter revealed that the cable racking had not been secured to the floor.

Meanwhile, the Territory — with Transport Canberra and City Services being the responsible agency — was convicted in the Industrial Magistrates Court of a category 2 offence under the Work Health and Safety Act 2011. The Court imposed a $375,000 fine.

The Territory pleaded guilty to a charge laid against it for the serious workplace injury to a worker at its Belconnen Bus Depot. On 3 November 2021, workers were performing a maintenance task on the kingpins of the steering mechanism of a public passenger bus when a worker was crushed in a wheel well of the bus. The worker suffered severe injuries which have prevented their return to pre-injury work.

Agius said that circumstances like these reaffirm WorkSafe ACT’s commitment to the safety of all workers.

“WorkSafe ACT will continue its efforts to ensure duty holders are held accountable for failing to fulfil their WHS duties,” she said.

“When businesses fail to discharge their duties, particularly in relation to young workers at the beginning of their career, it shows a disregard for all of their workers. Safety must always be the number one priority in every workplace, at all times. Everyone deserves to come home safely.”

Image credit: iStock.com/LaraBelova

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