First Industrial Manslaughter Conviction and Sentence handed down…… $3 Million Dollars and suspended jail sentences for two company directors

Two company directors have received suspended sentences and a $3 million company fine following a guilty verdict handed down recently in a Brisbane District Court. 

The company, Brisbane Auto Recycling Pty Ltd, pleaded guilty to one offence under section 34 C of the Work Health and Safety Act 2011. 

The directors also pleaded guilty to Category 1 charges of reckless conduct under section 31 of the Act, following an incident where a worker was fatally crushed between a forklift and a stationary truck in 2019.

An investigation by Workplace Health and Safety Queensland and Queensland Police found that the business was using an unlicensed forklift truck driver, and that the company had no documented safety systems. 

In addition to the 3 million dollar fine issued to the company, its two directors received 10 month prison sentences with a suspension period of 20 months. 

The underlying causes of the incident were identified, with the company failing to ensure compliance with its safety obligations under the Work Health and Safety Act by:

  • Failing to eliminate or remove hazards and risks posed by the use of mobile powered plant and resulting in the death of a worker
  • Failing to provide safe systems of work.

As the first Industrial Manslaughter Conviction to be passed down, this prosecution serves as a warning that serious penalties –  including fines and jail time – are on the cards for managers and companies when a life is taken at work. 

For the original article visit the Australian Institute of Health and Safety. 

If you are concerned about how your company could be impacted by workplace manslaughter laws, get in touch with one of our consultants. 

Phone us on (03) 9484 0086 or

Email us at admin@systec-pl.com.au

New Short Courses at Systec

Systec now offers a series of short courses for online learning and Virtual classroom.

Transitioning into online learning has always been a a hard adjustment for any student.

Here at Systec, we aim to help you with that transition with our online and virtual classroom options for individuals and groups. A new series of short courses that capture all your refresher needs has been added to these options.

The short course duration’s vary from 4 hours to a full day and offer you an e-learning experience that allows you to be present in the virtual classroom with the teacher.

We also offer teacher student support with your trainer whenever you need it.

High risk license and fresher courses now offered include – Forklift refresher, Working at heights refresher, traffic management refresher, manual handling refresher and confined space refresher.

For more information please get in contact on (03)-94840086 or email us at Admin@systec-pl.com.au

Explosion of unsecured gas bottles leads to $300,000 fine for Bayswater Maintenance firm

WorkSafe reports that New Sector Engineering Pty Ltd was sentenced to pay the $300,000 fine in Melbourne County Court on March 25, following a gas bottle explosion which left a worker permanently disabled in 2017.  The firm pleaded guilty to failing to ensure persons other than employees were not exposed to risks to their health and safety and failing to provide a work environment that was safe and without risks to health.

The court heard that two gas bottles which contained oxygen and acetylene caused an explosion while being transported in the enclosed toolbox of a New Sector Engineering ute, which caught fire. The court was told that the bottles had been placed on their side and unsecured, as the vehicle’s canopy was too low for the worker to position them upright.

The worker suffers from memory loss and requires a wheelchair due to their injuries.

This incident underlines the importance of safely loading, unloading, segregating, securing and transporting dangerous goods. For more information, visit the WorkSafe website.

Systec’s HSR 5 Day in Connected Real Time Delivery

Recovering from the impact of Covid-19 will be slow and is estimated to take years.

Together with other Partners and WorkSafe Victoria we can now offer you our Worksafe Courses in a connected Real Time delivery format where previously it had to be offered face to face.

Systec’s Virtual Classroom has adapted the Worksafe HSR Courses into an Learning experience that is Versatile, easily accessible and supportive.

  • Face-to-Face Virtual Delivery
  • Real time support options
  • Access to Learning material through our portal
  • Fast turn around for acknowledgement

This option of Learning is for the duration of the Covid-19 pandemic only.

For more information on courses of to make a booking Please get in contact with us

Visit our Website on https://systec-pl.com.au/courses/hsr-refresher-online-course/

Phone us on (03) 9484 0086 or

Email us at admin@systec-pl.com.au

Victoria’s Workplace Manslaughter Bill?

Victoria’s Workplace Manslaughter Bill has passed Parliament and is coming to effect on the 1st July 2020.

Who can be charged?

  • Directors and secretaries of companies
  • Partnerships and joint ventures
  • The trustee of a trust
  • Persons who participate in the making of decisions that affect a substantial part of the organisation’s business
  • Persons who have the capacity to affect significantly the organisation’s financial standing

Employees and volunteers are not culpable.

Who owes applicable duties to ensure the health and safety of another person in the workplace, can be charged with Workplace Manslaughter.

A maximum penalty of 20 years imprisonment for individuals with a maximum fine of $16.5 million for companies.

For more information Go to:

https://www.worksafe.vic.gov.au/victorias-new-workplace-manslaughter-offences