New and Updates from Proactive Compliance February 2025
NEWSLETTER - February 2025
SAFETY NEWS
Worker convicted after forklift death
Michael Gorman, 53, was sentenced in the Geelong County Court today after pleading guilty to a single charge of failing, as an employee, to take reasonable care for the health of safety of persons who might be affected by his acts or omissions in the workplace.
In October 2021, Gorman and a colleague were using a forklift to remove a steel rack, which housed numerous pieces of sheet metal and weighed more than a tonne, from a shed in the maintenance area of their Lara workplace.
The court heard Gorman was operating the forklift on an uneven surface when the unbalanced load tipped and fatally crushed the other worker, who was nearby acting as a spotter.
Enforceable undertaking accepted from Cobar Management Pty Ltd
The Resources Regulator has accepted a work health and safety (WHS) enforceable undertaking from Cobar Management Pty Ltd (CMPL) in relation to a series of serious incidents that occurred at its CSA mine.
- The incident, where no-one was physically injured, involved workers being exposed to psychosocial hazards at the mine, and in failing to eliminate the risk, exposed 2 workers to a risk of serious injury or death.
- An investigation resulted in prosecution proceedings being commenced against CMPL in the Industrial Court on 4 October 2023 for alleged contraventions of Section 19 of the Work Health and Safety Act 2011.
- CMPL submitted a proposal for a WHS undertaking on 18 December 2024, which has been accepted by the Regulator that includes:
- funding projects for the benefit of workers, the industry and local community in the total sum of $1,031,060
- paying the Regulator $176,060 for investigation costs and professional fees.
WorkSafe investigates death of worker in Mandurah
WorkSafe is investigating the work-related death of a male painter in his 60’s who was involved in an incident at Mandurah last week.
The male painter in his 60s was working from an A-frame ladder on Thursday when he fell, suffering critical injuries. He passed away today.
WorkSafe investigators examine the circumstances of incidents with a view to ensuring compliance and preventing future incidents of a similar nature.
Man dies after being struck by tractor
It is believed the 66-year-old was walking near a reversing tractor and trailer when he was struck just after midday.
WorkSafe is investigating.
The death is the second confirmed workplace fatality for 2025. There were five work-related deaths at the same time last year.
Review of the engineered stone ban – public consultation now open
Safe Work Australia is seeking feedback on the operation of the engineered stone ban which came into effect on 1 July 2024 to help protect workers from exposure to respirable crystalline silica.
As part of the consultation, we would like to hear how the engineered stone ban is working in practice. We are also gathering insights about access to information and resources related to the ban, ideas for future work health and safety (WHS) research related to silica and how the ban could be improved.
Anyone with an interest in the operation of the ban is encouraged to share their thoughts. We are particularly interested to hear from employers and workers who have had direct experience with the ban.
Poultry farm charged after conveyor belt death
The 34-year-old man was working with the conveyor belt guard removed when he became entangled in the rotating components of the tail pulley.
Lemitech Pty Ltd faces three charges under section 26(1) of the Occupational Health and Safety Act for failing to ensure that the workplace was safe and without risks to health.
WorkSafe alleges the company failed to reduce the risk of serious injury or death by not installing a fixed guard with a viewing window on the tail pulley, in-running nip guards over the roller of the tail pulley, or a maintenance jog function to slow the conveyor when the existing guard was removed.
PROSECUTIONS
Engineering company fined $685,000 over death of worker
A Kalgoorlie engineering company has been fined $685,000 (and ordered to pay $21,413 in costs) over the death of a worker.
Monadelphous Engineering Associates Pty Ltd pleaded guilty to failing to provide and maintain a safe work environment and, by that failure, causing the death of the worker, and was fined in the Kalgoorlie Magistrates Court today.
The company provides maintenance and industrial services to heavy industry, including construction, painting and abrasive blasting of metal structures.
Timber company to spend $275,000 improving safety after forklift fail
On 15 January 2025, the Geelong Magistrates' Court heard Bowen & Pomeroy Pty Ltd had entered into an enforceable undertaking while facing three charges of failing to provide a safe workplace.
WorkSafe may reinstate the charges if the undertaking is contravened or withdrawn.
In April 2022, a worker at Timbertruss Geelong, a division of Bowen & Pomeroy, was attempting to empty a large dumpster using a forklift with a rotating tyne attachment, which was not capable of doing the task.
Manufacturer commits $130,000 to safety after injury
On 29 January, the Moorabbin Magistrates' Court heard Annex Foods Pty Ltd had entered into an enforceable undertaking while facing two charges of failing to provide a safe workplace.
WorkSafe may reinstate the charges if the undertaking is contravened or withdrawn.
In January 2023, the labour hire worker was cleaning a dosing hopper machine, which is used to blend and process powders, using a device known as a cleaning pig, which became stuck in the machine.
Employers cop $13.3 million for safety breaches in 2024
Courts imposed a total of $13,318,433 in fines, costs and enforceable undertakings for breaches of the Occupational Health and Safety Act and the Dangerous Goods Act in 2024, including two costing defendants more than $1 million each.
This included the first conviction under Victoria's workplace manslaughter laws, with LH Holding Management Pty Ltd being convicted and fined $1.3 million in relation to the death of a worker who was fatally crushed at a Somerton factory.
Penalties and costs of more than $500,000 were handed out to another four defendants and a further 20 received penalties of $100,000 or more.
GENERAL INDUSTRIES
New WHS data reporting tools replace calculator
In December, Safe Work Australia launched a collection of new reporting tools to help users more accurately assess, measure and report data on WHS performance.
The new workers’ compensation injury frequency rate dashboard uses data only available through Safe Work Australia’s national workers’ compensation dataset. The data can be filtered by industry, occupation, injury type and severity.
With the creation of more holistic data and tools, the Lost Time Injury Frequency Rate (LTIFR) calculator will be retired from the data website in March 2025.
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