What you need to know
- First prosecution of reckless conduct under the Work Health and Safety Act results in conviction of a company and its director
- Company director was sentenced to one year in prison following a week-long trial
- The prosecution follows the death of a worker who was not given proper safety equipment at the worksite
What you need to do
- Work health and safety obligations must always be taken extremely seriously
- Review health and safety policies to ensure best practice is employed at every worksite
- Ensure workers are properly trained and equipped to perform work safely
The first prosecution of reckless conduct under section 31 of the Work Health and Safety Act 2011 (Qld) has resulted in the conviction of a company director and his company following the death of a worker. Notably Queensland now has Industrial Manslaughter laws with even greater penalties than the Work Health and Safety Act.
The director of Multi-Run Roofing was sentenced to one year in prison, suspended after four months, and the company was fined $1 million after a week-long trial in the Maroochydore District Court.
The charges arose out of an incident that occurred on a worksite in Noosaville in July 2014, where a 62-year old roofer fell 5.9 metres to his death after the company made a decision to not install safety rails at the worksite.
Multi-Run Roofing worked as a contractor under the principal builder, Lavin Constructions. Lavin Constructions and its director faced identical charges of reckless conduct at the trial, but the jury was unable to reach a verdict on those charges.
Based on media reports of the proceedings, we understand that the jury heard allegations that the director of Multi-Run Roofing displayed a cavalier attitude towards implementing proper safety measures for his workers, and that the decision to not install safety rails was partially motivated by the cost of doing so.
The quote prepared by Multi-Run Roofing for the job allegedly included an amount budgeted for the installation of the safety rails, but the director agreed with the workers at the site to use scissor lifts and safety harnesses instead of the rails. Even though the roofer who was fatally injured was not wearing a safety harness at the time of the incident, evidence showed that the harness rope was too long to be effective in the event of a fall, even if it had been in use at the time.
Judge Cash remarked that, in deciding to forgo the installation of safety rails, the defendant had "shown a flagrant disregard for proper safety methods, and [was] motivated by the desire to improve [his] company's financial position".
The offence carries a maximum penalty for individuals of a fine of $391,650 or a term of 5 years' imprisonment, or a maximum fine of over $3 million for a body corporate.
This prosecution is a sobering reminder of the extremely significant consequences that can result from an employer's failure to have proper regard to their work health and safety obligations. Non-compliance with health and safety requirements not only can have a catastrophic impact on workers and their families, but can lead to terms of imprisonment and substantial fines for both directors and companies. As a further example of this, a 72 year old female director of a company in Victoria was very recently sentenced to six months jail (all time to be served) for workplace health and safety offences arising out of a workplace fatality.
This case also demonstrates the changing attitudes of the community and legislature towards imposing significant criminal sanctions on company directors who fail to comply with their obligations under law.
Authors: Ian Humphreys, Partner; and Rebecca Scott, Graduate.
