$382,500 in fines for company and site manager after major safety breach: Key takeaways for managers with safety responsibilities
Incident overview
An ACT Site Manager was fined $7,500 after failing to ensure a safe workplace, leading to a serious injury when unanchored cable racking toppled and severely injured a worker. The Magistrates Court of the Australian Capital Territory issued combined fines totalling $382,500 to both the Company and the Site Manager, also requiring them to cover legal costs.
Incident details
The company, which operates around 400 sites across Australia, was relocating a warehouse in Belconnen, ACT, between December 2021 and January 2022. Jack Platt, the Site Manager, oversaw the move, which included setting up three-meter-tall cable racking. Despite recommendations from the manufacturer, Australian Standards, and the Company’s own policies, the racking was installed without being anchored.
On 12 January 2022, worker Jesse Sands was cutting cable when the cable jammed, causing the unanchored racking to fall and strike him in the head. This led to severe injuries, including multiple skull fractures. Over two years later, Mr Sands continues to undergo medical treatment.
Decision
Both the company and Mr Platt pleaded guilty to charges under the Work Health and Safety Act 2011 (ACT), acknowledging they had exposed an individual to a risk of death or serious injury by failing to comply with safety duties. The Court highlighted the obvious risk of not anchoring the racking and noted that the task of securing it was straightforward. The fines were reduced due to the defendants’ early guilty pleas and subsequent efforts to improve safety.
Key takeaways
- Significant penalties for negligence: Companies face severe fines for failing to address obvious risks that lead to serious injuries. Ensure that all safety protocols are strictly followed.
- Personal accountability: Managers responsible for safety oversight, training, and induction will be personally fined if they fail to fulfill their duties and expose others to risk. This is a useful reminder that duties under the WHS Act also apply to workers and a Court will not hesitate to fine them on the grounds of specific deterrence.
- Proactive safety measures: Always adhere to manufacturer guidelines, standards, and company policies to prevent accidents. Take proactive steps to identify and mitigate potential hazards.
This publication constitutes a summary of the information of the subject matter covered. This information is not intended to be nor should it be relied upon as legal or any other type of professional advice. For further information in relation to this subject matter please contact the author.
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