Business owners and decision makers face fines and even jail time for failure to meet the requirements of safety laws. A recent case has highlighted again that workers can also face the consequences of safety breaches as a worker who was previously fined $100,000 for safety breaches is now charged with manslaughter due to criminal negligence.
“Business operators are aware of the requirement for them to ensure that they have safe places, systems and practices of work and that failures in these areas can result in penalties and repercussions, including jail time” explains ACAPMAs Elisha Radwanowski.
What many workers don’t fully appreciate is that these requirements, penalties and repercussions can also be applied to them.
“Most workers understand they have a duty of care to themselves, their colleagues and their customers/communities. But few workers understand that if they breach that duty they can face fines under the Act, and if the breaches are of a nature to be deliberate or criminally negligent, they can also face criminal charges and jail time” adds Elisha.
In this case from 2015 a worker failed to follow the safety instructions and falsified documents, decisions that resulted in death and serious injury. The worker was installing a gas line in a hospital theatre, and connected the nitrous oxide pipe to the oxygen outlet, then failed to test the system as required and then signed off that the test was done and passed. These decisions resulted in the death of an infant and the serious injury of another.
The businesses who engaged the worker were fined $536,600 for the incident. The worker was also fined $100,000 under the safety Act.
This week the worker was also charged by police with manslaughter due to criminal negligence.
Learnings for all businesses
“Safety is everyone’s responsibility is more than just words…it is the reality and it is a necessity in order to keep all workers and community safe” explains Elisha.
“It is vital for businesses to communicate the importance of safety to all workers and to enforce compliance. It is also appropriate to explain to staff that the responsibility for safe operations falls to them too and that they hold not just a moral and a business responsibility to safe operations, but a legal one too” concludes Elisha.
Here to Help
Safety Highlights are things to consider, implement and watch out for in your business. They are provided as general information for you to consider and do not constitute advice. You should seek further advice on your situation by contacting your legal advisor. ACAPMA members can access resources and receive advice, guidance and support from the ACAPMA employment professionals via employment@acapma.com.au , it is free for members. ACAPMA Membership delivers this and more benefits, see; https://acapma.com.au/membership/ for more information.
Elisha Radwanowski BCom(HRM&IR)
ACAPMA
