Workplace fatality fine nearly doubled after appeal

Forestry company Carter Holt Harvey Woodproducts Australia, now part of BSG Holdings, had its fine for workplace safety breaches nearly doubled on appeal in the County Court recently.

Michelle Cooper died in 2008 at the age of 35 when a one-and-a-half-tonne timber pack hoist fell on her as she dislodged a jammed piece of timber at the company’s Morwell wood processing plant. The appeal resulted in the company being 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.

The company had been charged under section 21(1)&(2)(b) of the Occupational Health and Safety Act 2004, which covers the responsibility of employers to provide and maintain a safe workplace, including ensuring safety and the absence of risks to health in connection with the use, handling, storage or transport of plant or substances. The Director of Public Prosecutions took the matter to appeal on the basis that the original fine was manifestly inadequate.

Judge Michael 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.

WorkSafe Victoria’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.”