Every moment you waste, could be the difference between a small fine or a large fine at best, and at worst a large fine and jail time. Have you ever heard the phrase “you never get a second chance to make a first impression?“. Well that is the case with the law. With proper help I can get you through your circumstances.
On 6 October 2016, a milestone tragedy occurred which changed QLD legislation – seriously.
Two workers were crushed to death by 28-tonnes of precast concrete panels during construction of a foul water drainage reservoir at the Eagle Farm Racecourse.
During construction, a sewage pipe was used as a makeshift brace for the precast concrete panels and a ladder positioned against one of the slabs was the only escape route located inside the excavation.
Authorities also identified that two workers designated as health and safety co-ordinators were not aware of their nominated roles.
Work health and safety law in Queensland
Work health and safety law in Queensland are a serious matter and now impose criminal liability for certain failures.
A breach to work health and safety law in Queensland occurs when:
a person conducting a business or undertaking (PCBU), or its senior officers' conduct, negligently causes the injury or death of a worker; or
an action is taken that places any person at risk of injury, illness or death;
steps are not taken to avoid a risk from occurring; and
there is a failure to comply with regulatory requirements.
Categories of offences
The WHS Act sets up a ‘health and safety duty of care’.
There are 4 categories of offences for failing to comply with a health and safety duty under the WHS Act depending on the degree of seriousness or liability involved.
Industrial manslaughter
The highest penalty under the WHS Act is for industrial manslaughter where a PCBU, or a senior officer, negligently causes the death of a worker.
If a PCBU, or senior officer, commits the offence of industrial manslaughter, a maximum penalty of 20 years imprisonment for an individual or $10 million for a body corporate applies.
In the Eagle farm tragedy, Principal contractor, Criscon was responsible for safety and management of the site, and after being charged with two counts of a category 1 offence (reckless conduct), Criscon elected to plead guilty to two counts of the lesser category 2 offence of failing to comply with a health and safety duty.
In sentencing Criscon, the Magistrate found that despite a safe work method statement (SWMS) being in place the SWMS was not appropriate for the nature of the work and was not being implemented by the subcontractor.
Criscon was fined $540,000, which was reduced to $405,000 for the early guilty plea, plus costs.
Both Criscon’s site manager and director still face separate charges regarding individual breaches of their duties as officers.
The manager of the subcontractor, Claudio D’Alessandro is facing separate criminal manslaughter charges in relation to the fatalities.
Consequences and your next step
This decision is a cold reminder that safety is everybody’s business and of what can happen principal contractors officers of a company, and subcontractors and employees for unsafe practices.
This publication considers legal and technical issues in a general way. It is not intended to be legal advice. Any legal advice is qualified on the basis that the reader should immediately confirm the information relied upon with Merlo Law. We look forward to being of assistance.
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