The Risk Management Tool Box Blog

John Holland Fined for Wayne Moore Fatality

Graham Marshall - Friday, April 27, 2012

The maximum civil penalty of AUD $242,000 has been handed-down this week by the Federal Court to Leighton Holdings following the death of  worker Wayne Moore, 45.

Wayne, who was an employee of John Holland, fell 10 meters after he stepped onto an unsecured sheet of grid mesh at BHP Billiton’s Mount Whaleback mine at Newman on March 19th, 2009.

Workplace inspectors found there had been two other incidents involving unsecured flooring mesh at the Mount Whaleback mine in the weeks leading up to Mr Moore’s death.

The Federal Court ruled that John Holland had breached federal work health and safety laws by failing to take all reasonably practicable steps to protect the health and safety of its workers.

The AUD $242,000 fine imposed on John Holland is the maximum civil penalty upon a company for a breach of the general duty of care requirements under the Commonwealth OHS Act.

In addition to the fine, the Court imposed an enforceable undertaking from John Holland and John Holland Group, requiring them to implement better safety practices in their operations across Australia.

They are also required to share these improvements with the construction industry, including through the Federal Safety Commissioner.

The court decision sends a message to unsafe employers about the serious consequences of failing to meet their OSH legal obligations.

That message is even more important for employers to understand, since new work health and safety laws came into force January 1 this year and the penalties available to Courts are now much higher for similar cases.


Anonymous commented on 10-May-2012 04:47 PM
Not the first or the last

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