Australias federal work health and safety regulator, Comcare, has launched Federal Court proceedings against both John Holland Pty Ltd (John Holland) and John Holland Group Pty Ltd (John Holland Group) in response to a fatal incident and two dangerous occurrences at the Mt Whaleback Mine Facility in Western Australia.
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Comcare alleges that both John Holland and John Holland Group contravened federal work health and safety laws by failing to take all reasonably practicable steps to protect the health and safety of their employees in relation to matters over which they had control. The maximum penalty for each breach alleged is $242,000.
On March 19, 2009, a John Holland employee died when the grid mesh he was standing on dislodged and he fell ten metres to the ground below.
Further, there were two alleged dangerous occurrences, on March 12 and 18, 2009 respectively, where heavy grid mesh flooring fell from work structures landing on the ground near where John Holland employees were working. On each occasion, it will be alleged that the grid mesh had been installed by John Holland and John Holland Group employees, but not secured.
A spokesperson for Comcare, Neil Quarmby, Work Health and Safety Group General Manager, said ”This was a tragic loss of life that should not have occurred; the incident underlines why safety procedures need to be in place and why a focus on prevention can save lives”.
This is not the first court action commenced by Comcare against John Holland for an alleged contravention of federal work health and safety laws.
In December 2009, John Holland was found to have breached the Act and was fined $180,000.00 for a fatal incident in Dalrymple Bay, Queensland.
John Holland Group has not previously been the subject of proceedings under the Act.
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
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