Australian Company Fined for Workplace Safety Violation in Death of Worker

John Holland Pty Ltd breached the Federal workplace safety laws according to Australia’s Federal CourtThe court judgment follows an investigation by Comcare, the Federal workplace safety authority, into the death of a John Holland worker at the Dalrymple Bay Coal Terminal in Queensland in May 2008. CEO Paul O’Connor said Comcare would continue to prosecute employers wherever serious safety breaches occurred.

The court determined John Holland breached safety laws by failing to take all reasonably practicable steps to protect the health and safety at work of its employee, and this failure resulted in the workplace fatality.

“Our condolences are with the family, friends and community of the worker killed at Dalrymple Bay. This court decision sends a message to all employers that they have a rigorous responsibility to protect workers from harm at work and to improve the safety of workplaces.” O’Connor said. “It’s reasonable for Australian families to expect their loved ones to return home safely from work each day” O’Connor added.

A team of five John Holland workers were moving large precast concrete decks to the end of a jetty under construction. The precast concrete decks were being transported on two jinkers being pushed by a front end loader. During this procedure, a worker’s foot became trapped under wooden scaffolding planks on the jetty, and he was fatally injured when he was run over by the wheels of the jinker.

Justice Collier stated, “It is clear that, despite the efforts taken by the respondent to implement a safe working environment, the operation involving the transportation unit was flawed in its original conception. The dangers were obvious from the start and relatively simple to avoid, but unrecognized and unaddressed in a manner raising the objective gravity of the offence in these proceedings towards the higher end of the scale.” (workersxzcompxzkit)

John Holland was ordered to pay a civil penalty of $180,000 for the breach and to pay Comcare’s legal costs.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: [email protected] or 860-553-6604.

Podcast/Webcast: How To Prevent Fraudulent Workers’ Compensation Claims http://www.workerscompkit.com/gallagher/podcast/Fraudulent_Workers_Compensation_Claims/index.php

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