In a stark warning to businesses that lax safety procedures will incur heavy penalties, a business which manufactures and carries out maintenance of display signage was fined $300,000 by the Victorian County Court after an employee died whilst changing a lightbulb for a car dealership.
The signage business pleaded guilty to the charge of failing to provide a safe workplace under the Occupational Health and Safety Act 2004 (Vic). The maximum penalty for such a breach is $990,000 – a huge increase in the maximum penalty that could be imposed by the previous Act (which was $250,000).
A WorkSafe Victoria investigation found that the employer had failed to provide appropriate protective equipment to the employee (highlighted by the fact that the employee was using an uninsulated screwdriver when replacing the lightbulb). It was also found that the employer lacked any safe work procedures (including an absence of any written job safety analyses or work permit systems before undertaking any electrical work). It was also found that the employee was using an elevating work platform at the time he was shocked and that his colleague did not know how to operate the platform.
Even though the employer not only fully cooperated with WorkSafe investigations and pleaded guilty, they still received the largest single fine issued to date under any OHS legislation in Victoria.
This decision indicates a trend in OHS related prosecutions toward very large financial penalties when the employer has been found to have breached their duty to provide a safe workplace for their employees. This reinforces the importance of taking OHS seriously. It is very important for all businesses to understand their OHS obligations.
Although there are some differences between the different jurisdictions, the basics are the same. Businesses need to have a set of OHS policies and procedures in place, consult with their employees regarding their health, safety and welfare in the workplace as well as an active risk management system in place. For more information on this either contact the ARA or the OHS authority in your state or territory.
