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

Post a Comment

Captcha Image

Trackback Link
Post has no trackbacks.

Recent Posts


Rosedale Abbey WA Resources Safety Hazard Awareness Nautronix CSB Marine Safety Salute to Our Hero's US OSHA Raspberry Ketones Scam Call Centers Occupational Overuse Syndrome Customer Testimonial Incident Investigation Aviation Safety Total Water Corporation Safety Video Shale Gas Fire Prevention Fatigue Management Hazard Spotting Sakhalin Energy Pollution prevention Radiation Sources Behaviour-based Safety (BBS) Psycho-social Hazards Office Safety Road Transport Risk Management Process Hazard Management Working with explosives Social Responsibility Crane lifts Hess LOTO Risk Assessment Save our Seafarers Campaign Electrical hazards BHP Billiton PPE Coal Seam Gas Supervision Situational Awareness NOPSA IFAP Safety "one per-center's" Safety Moment Newfield Kinetic Energy Health HSE Leadership WMC Resources Procedures Natural Hazard MSDS Slips, trips and falls APPEA ENI Australia Rail Safety Contract Risk Management Risk Tool Box NORM Mining Hot work Drilling Santos Excavations Safety Culture Survey Thank God it's Friday Safe Operating Procedure (SOP) Farm safety Work in Confined Spaces Safety Conference Australian OSH Codes of Practice Safe at Home Ladder Safety Railway Safety Hospital Safety Construction Safety Unconventional Hydrocarbons Unconventional Gas Hazardous Substances Job Safety Analysis Safety Alert one per center Catostrophic Disaster Best bars in the oil patch Isolation Control Bio-hazards Shell Unconventional Oil Procedure Training Course Emergency Response Nanotechnology Safety PowerPoint Presentation BP Management of Change Oil Spill Response Safety Information Posters Walking Hydraulic Fracturing ("fracking") Working at height Global Harmonized System Toolbox talk ALARP Safety Management Program OSHA TK Shipping SPE HSE Innovation Award Woodside Manual handling Safety Awards OHS Law Driving Safety Hierarchy of Safety Control Workplace bullying Kellogg Joint Venture WorkSafe WA Manufacturing Chevron NOPSEMA Energy Model of Hazards UK HSE


Blog / Terms of Use / Site Map / Disclaimer / Risk Management Tool Box 2009. All rights reserved. Web design by Luminosity. E-Commerce by JStores.