$1.3 million fine for workplace manslaughter

Foreword

Today, Solve Safety is analysing and reviewing this latest reported WorkSafe Victoria's (workplace safety regulator) News and Safety Alerts. Solve Safety is not identifying the nature of the specific problem of any person or organisation in this commentary but only speculating on what could be happening generally in a situation like this, as described by the regulator's media press release.

Introduction

Solve Safety is a Triple ISO Certified Professional Services organisation (Safety, Quality and Environmental) that offers specialised support for your workplace safety compliance by providing occupational health and safety advice for workplace’s operational task and activities management (workplace safety compliance made easy) to create the safest and most efficient environments possible, protecting both lives and livelihoods.

Topic Elements

As a learning from the topic elements, Solve Safety has both analysed the background and the timeline of both how and why an incident like this could take place and what judgements or decision reasoning was reached by the workplace safety regulator's published conclusions.

Are You Managing the Hazards When Operating Your Forklift (Mobile Plant) Logistics?

Background

According to WorkSafe Victoria’s recent news and safety alerts, a stonemasonry business has become the first company convicted under the Victorian workplace manslaughter laws. This followed the tragic death of a worker who was fatally crushed by a forklift that tipped over and landed on him while being operated with a raised load on a sloping driveway.

WorkSafe Victoria further reported that this prosecution is a clear reminder to all duty holders of the very serious personal and financial consequences they will face if they engage in workplace operational activities or tasks that place the health and safety of workers at risk, and that there is no such thing as unavoidable workplace harm, and that the impact that a loss of life has on family, friends and colleagues can never be understated.

Described by the regulator as an entirely preventable tragic worker’s death, the company’s prosecution is the first since Victoria’s workplace manslaughter provisions that were introduced in July 2020 under section 39G (1) of the OHS Act.

With the regulator further stating that the failure to ensure that the forklift was operated properly was negligent because it fell well short of the standards of care that would have been taken by a reasonable person in those circumstances.

Further to the fine for workplace manslaughter, the duty holder – director (officer of a company) was convicted and placed on a two-year Community Corrections Order (unpaid community work) and a course in forklift operations and ordered to pay an additional $120,000 in compensation to the worker’s family for pain and suffering.  

Are You Controlling the Risks of Your Forklift (Mobile Plant) Logistics Operations?‍

According to this WorkSafe Victoria’s news, workplace employers (duty Holders) should ensure they have currently risk assessed and reviewed their organisations’ operational activities and tasks (harm minimisation) controls for forklift (mobile plant) logistics operations, such as ensuring:

• A traffic management plan (that is reviewed and updated as required) is in place to separate pedestrians and powered mobile plant.
• There is an effective communications system between operators and other workers, including any contractors.
• Signage and barriers are erected where appropriate.
• Visibility issues (particularly if lighting is poor) are identified and controlled.
• Operators are provided with adequate information, instruction and training and work in accordance with an appropriate high-risk licence.
• Powered mobile plant is maintained and operated in accordance with the manufacturer’s recommendations and operating manuals.

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Solve Safety focuses on comprehensive workplace Duty Holder OHS/WHS Prosecution Mitigation by providing guidance on workplace safety compliance measures that reduce both the hazards and risks (harm minimisation). This is achieved by controlling workplace hazards that Duty Holders are required to consider by law when conducting their organisational operational activities and tasks.

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Workplaces can be dangerous due to many hazards that have the potential to kill, injure or cause ill health or disease, so discover safer workplaces and stress-free assessments by seeking subject matter expert safety advice prior to any of these serious safety incidents which will impact both a range of internal and external factors. Additionally, it can affect several stakeholders, making it an imperative Duty Holder’s strategy to mitigate the potential likelihood of an occupational health and safety (OHS/WHS) prosecution situation for non-compliant organisational operational activities and tasks.

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Multiple Regulator OHS/WHS Prosecution Routes

There are several different legislated Safety Acts and Regulations that OHS/WHS prosecutions by WorkSafe can institute or conduct legal proceedings against duty holders (person or organisation). This occurs when there are cases of an employee, contractor, customer or visitor who has been either injured or killed whilst in the workplace.

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