Company fined $10K for obstructing WorkSafe investigation
A Queensland-based labour hire company has been fined $10,000 for obstructing an investigation into the death of one of its workers. One of its directors was also fined $3000.
Tropickist Pty Ltd and company director David O’Brien were convicted and fined in Darwin Local Court on 3 July 2019 after pleading guilty to breaching section 155 (5) of the Work Health and Safety (National Uniform Legislation) Act 2011.
According to NT WorkSafe, Tropickist and O’Brien failed to cooperate with the regulatory body and ignored requests to provide documents without a reasonable excuse during an investigation into the death of Fijian national Josia Benaca Turagatani. Turagatani, who was hired to pick fruit in the Douglas Daly region, died in a motor vehicle accident involving a vehicle supplied by Tropickist to its workers in June 2016.
NT WorkSafe Acting Executive Director Chris Wicks said the conviction was a reminder that work health and safety laws apply to a variety of situations and to all workplaces and that it is the regulator’s role to determine whether an accident was work-related or not, through an investigation.
“It was concerning to hear that during sentencing the relevance of NT WorkSafe’s investigation into the matter was queried,” Wicks said. “Just because an incident involves a motor vehicle, doesn’t mean it is only a police matter under the motor vehicle and traffic legislation.
“In certain circumstances, work health and safety laws can apply and it is the role of WorkSafe Inspectors to investigate whether a person conducting a business or undertaking has breached safety standards owed by them to workers and other persons,” Wicks said. “Unless there is a reasonable excuse, businesses and workers have an obligation under the work health and safety laws to comply with a request for information during an investigation.”
NT WorkSafe also charged the company and O’Brien with exposing its workers and other persons to whom it owed a workplace duty of care to risk of death. However, it was earlier withdrawn due to legal advice on evidentiary issues.
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