Victorian employers faced serious legal and financial consequences for putting workers at risk last year, with WorkSafe completing 119 successful health and safety prosecutions and enforceable undertakings.
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.
WorkSafe legal action on matters involving the risk of a fall from height – a leading cause of workplace fatalities and a compliance priority – resulted in 36 employers copping fines, undertakings and costs worth more than $1.66 million last year.
There were 17 prosecutions for unsafe machinery, 14 relating to the risk of being crushed by or between objects, and 10 involving powered mobile plant such as forklifts.
The largest proportion of health and safety prosecutions were against employers in the construction (49), manufacturing (26) then transport, postal and warehousing (10) industries.
WorkSafe Executive Director Health and Safety Sam Jenkin said inspectors and investigators continued to focus on industries and workplaces where workers were most at risk.
“Employers who turn a blind eye to health and safety risks in their workplace play a deadly game that can lead to horrific injuries or loss of life, as well as costly legal consequences,” Mr Jenkin said.
“The safest workplaces are those where employers proactively engage with workers and health and safety representatives, where available, to identify and address health and safety risks by making safety a priority for everyone.”
Tragically, 12 prosecutions and $4.76 million in fines and costs imposed last year related to workplace fatalities.
Five employers were prosecuted for matters related to occupational violence, bullying or harassment.
“Duty holders need to have systems and processes in place to identify, assess and respond to work-related hazards to their physical or mental health – including the risk of violence and hazards such as bullying or harassment,” Mr Jenkin said.
WorkSafe court outcomes included accepting 10 Enforceable Undertakings from duty holders committing to spend a combined $3.4 million to improve workplace health and safety knowledge and outcomes in their respective industries.
Major WorkSafe enforcement outcomes in 2024
Prosecutions:
LH Holding Management Pty Ltd was convicted and fined $1.3 million after pleading guilty to a single charge after a forklift tipped on a sloping driveway and fatally crushed a worker at a Somerton factory (October 2021).
Cutri Fruit Pty Ltd was convicted and fined $750,000 after a fruit picker died following a fall from a moving trailer in Woorinen South (January 2022).
Saferoads Pty Ltd was convicted and fined $650,000 after a truck driver was fatally crushed by a falling steel barrier at a Nar Nar Goon depot (November 2021).
A&J Australia was convicted and fined $545,000 after numerous safety breaches at its Laverton North plant left workers seriously injured, including two people suffering serious burns (July, November 2020 and November 2021).
Enforceable Undertakings:
McConnell Dowell Constructors (Aust) Pty Ltd entered into an Enforceable Undertaking to spend $1,254,708 to improve health and safety outcomes, while facing charges after two workers were seriously injured in separate incidents on major infrastructure projects in Dandenong (October 2021) and Laverton (January 2022).
Aqua Metro Services Pty Ltd entered into an Enforceable Undertaking to spend $561,400 to improve health and safety outcomes while facing charges after a worker’s hand was amputated when it became entangled in the mixing hopper of a concrete pump mixer in Moonee Ponds (February 2022).
Source: WorkSafe Vic
