The death of a worker in Australia has led to charges being dispersed.
Charges were handed down in relation to the July 2012 workplace fatality of Ben Catanzariti, who was killed when he was struck by a boom which collapsed at a construction site in Kingston in the ACT.
WorkSafe ACT recently concluded its investigation into the incident and the Director of Public Prosecutions accepted recommendations for charges to be laid in respect of alleged breaches of the ACT’s Work Health and Safety Act 2011, said Work Safety ACT Commissioner Mark McCabe.
Charges of reckless conduct, a category one offense, have been laid under the Act, against a company and a worker in relation to maintenance of a concrete boom – which had recently undergone a full six-year inspection in NSW.
Maximum Fine Allowed is $3M
The maximum penalty for a category one offense is $3 million for the company and $300,000 and/or five years imprisonment for the individual worker.
Alternative charges have also been laid for failing to comply with a health and safety duty, and exposing an individual to a risk of death or serious injury or illness.
McCabe indicated that WorkSafe ACT had worked with the Director of Public Prosecutions, ACT Policing, the NSW Police Force and WorkCover NSW to gather evidence from outside of the ACT.
“As unfortunate as the circumstances are, these charges send a clear message about the importance of workplace safety. It is a responsibility which cannot be taken lightly,” added McCabe.
The matter is listed to appear in the Magistrates Court in late August.
Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com. Contact: [email protected].
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