$1.3 Million Fine for Victorian First Workplace Manslaughter
In a landmark case, LH Holding Management Pty Ltd, trading as Universal Stone and Marble, has become the first company convicted under Victoria's workplace manslaughter laws. The conviction comes after a tragic incident at a Somerton factory, where a 25-year-old subcontractor was fatally crushed by a forklift operated by the company's sole director, Laith Hanna.
The Victorian Supreme Court sentenced the company to a $1.3 million fine after pleading guilty to negligent conduct that breached a duty of care and resulted in the worker's death. Additionally, Laith Hanna was convicted and placed on a two-year Community Corrections Order, requiring him to complete 200 hours of unpaid community work and a forklift operation course.
The court also ordered the company and Hanna to pay $120,000 in compensation to the worker's family for pain and suffering. A WorkSafe investigation revealed that the company failed to take reasonable precautions to ensure the safe operation of the forklift, such as driving with the load low to the ground and keeping a safe distance from other people.
This case serves as a stark reminder of the severe personal and financial consequences that employers face if they neglect the health and safety of their workers. WorkSafe Executive Director of Health and Safety, Dr. Narelle Beer, emphasized that workplace harm is entirely preventable and highlighted the importance of adhering to safety protocols, especially when using mobile plant equipment like forklifts.
Employers are urged to implement comprehensive traffic management plans, effective communication systems, appropriate signage and barriers, visibility controls, and ensure that operators are adequately trained and that equipment is maintained according to manufacturer's recommendations.
Consider additional forklift safety features, like “SEnS+, Toyota’s Smart Environment Sensor PlusTM”, which detects pedestrians and obstructions, warns the forklift operator, and if necessary adjusts speed and stability.