WorkSafe ACT | Dream Haus Pty Ltd. has been convicted of two Category 2 offences by the ACT Industrial Court Magistrate, resulting in a $400,000 penalty.

An ex-parte hearing concerning Dream Haus has resulted in two guilty verdicts for Category 2 offences under the Work Health and Safety Act.

The charges relate to a serious incident on 2 November 2022, during which Dream Haus engaged in renovation works at a property in Chapman, ACT, disrupting materials containing asbestos. The court found the company failed to comply with its health and safety duties, placing workers and the public at risk.

During sentencing, Magistrate Lawton stated that “there are aggravating features with both… lack of communication was a main factor in both charges… not following their own safe work method statement (SWMS).”

He further noted that “the use of asbestos materials was in construction throughout the ACT for many years, and the costs of preliminary testing is low.”

WorkSafe Victoria | A telecommunications infrastructure company and one of its directors have been convicted and fined a total of $545,000 after the asphyxiation of a worker who was attempting to repair a gas leak at Bentleigh East.

National Infrastructure Solutions Pty Ltd was sentenced ex-parte at Moorabbin Magistrates’ Court after being found guilty of two offences under the Occupational Health and Safety Act.

The company was convicted and fined $250,000 for reckless conduct endangering persons at a workplace and $250,000 for failing to maintain a safe system of work, while also being ordered to pay $4,210 in costs.

Co-director Robert Felice, 56, was sentenced at Moorabbin Magistrates’ Court after pleading guilty to a single charge of reckless conduct endangering persons at a workplace.

Felice was convicted and fined $45,000 and ordered to pay costs of $4,284.

In January 2023, two National Infrastructure Services workers struck an underground gas pipe while undertaking excavation works on a nature strip in Bentleigh East.

The court heard that instead of notifying the gas company and emergency services, Felice repeatedly directed the workers to continue digging and repair the pipe, aiming to avoid the need for an incident report.

One of the workers entered the excavation several times attempting to clamp the pipe, each time exiting with shortness of breath. The worker entered the excavation a final time, head first, but lost consciousness due to the inhalation of gas in the confined space.

After being dragged from the excavation by his colleague, the worker was transported to hospital for treatment of respiratory arrest, broken blood vessels in one eye, and chest pains due to inhaling gas and resuscitation efforts.

He was further diagnosed with acute stress disorder from the incident.

The court heard both National Infrastructure Solutions and Felice had engaged in reckless conduct that placed another person in danger of serious injury or death from asphyxiation caused by the gas leak.

It was reasonably practicable for the company to have maintained a safe system of work which ensured that, after the gas pipe was struck, all work activities were ceased, the owner of the gas pipe was contacted immediately to stop the leak and conduct repairs, the area was barricaded to keep vehicles and members of the public away, and the workers were evacuated to a safe distance.

Government of Western Australia | A concrete manufacturing company has been fined $580,000 and ordered to pay $6,180 in costs after a worker was seriously injured at its Neerabup batching plant.

Ransberg Pty Ltd (WA Premix) pleaded guilty to failing to provide and maintain a safe workplace after a waste-pit gate fell on a worker, causing multiple open fractures and an amputation.

Investigators found no mechanism to prevent the gate from falling when lifting chains were detached, despite knowledge of a safer “C channel” support method used at other plants.

Government of Western Australia | A hay processing company in regional WA has been fined $595,000 and ordered to pay $5,510 costs over a serious worker injury.

HA Hold Co Pty Ltd pleaded guilty after a leading hand was injured in January 2023 when he climbed onto an unguarded conveyor belt at a Carani hay press, causing a degloving leg injury.

In 2022, a safety consultant warned of the unguarded area, but no guarding was installed until after the incident. The company lacked a documented procedure for clearing blockages, and installed a mesh guard only afterwards.

WorkSafe Victoria | A major builder will spend over $1 million to improve safety after an unloading incident caused life-threatening injuries.

In August 2022, at Rosebud Plaza, a 21-year-old assisting his father fell 1.6 m when a forklift struck an unsecured switchboard. The enforceable undertaking by Hutchinson Builders includes gate controls, safety zones, signage, training materials, a safety culture programme, network participation, and a $100,000 mental-health donation.

WorkSafe Victoria | An industrial plastics manufacturer was fined after a worker suffered life-threatening crush injuries.

In April 2022 at Class Plastics (Aust) Pty Ltd’s Truganina factory, a supervisor’s head was caught in a blow-moulding machine due to a disconnected interlock and taped sensors. The company was initially fined $40,000 without conviction; on appeal, the Melbourne County Court convicted and imposed a $75,000 fine plus $4,000 costs.

WorkSafe found regular interlock inspections and sensor checks were practicable to prevent such harm.

WorkSafe Victoria | A stonemasonry company was the first convicted under Victoria’s workplace manslaughter laws and fined $3 million over a worker’s death.

In October 2021, subcontractor Michael Tsahrelias died when a forklift driven by director Laith Hanna tipped over and crushed him at Universal Stone and Marble’s Somerton warehouse. The company and its director were originally fined $1.3 million and given a community corrections order, but on appeal, the company’s fine was increased to $3 million; an appeal against Hanna’s sentence was dismissed.

WorkSafe found the company failed to require forklifts to be driven with loads low to the ground, in reverse on slopes, or to keep workers clear of hazards, representing a negligent breach of duty that posed a high risk of death.

Government of Western Australia | A freight haulage company and its director were fined $400,000 over a worker’s serious injury.

In April 2021, an RGR Road Haulage employee dragging a container onto a tilt-truck tray suffered serious injuries when a chain snapped. The worker was untrained for the task. RGR Road Haulage Pty Ltd and director Richard Garrick Rowland pleaded guilty to failing to provide a safe workplace and causing serious harm; RGR was fined $355,000, Rowland $45,000, plus $6,500 costs.

WorkSafe Victoria | A recycling company was convicted and fined $35,000 after an aerosol explosion injured six workers.

In May 2023, Rose and Co Services Pty Ltd’s aerosol shredder exploded at its Shepparton plant, causing severe burns to six workers. Investigations found pressurised cans were shredded with reduced ventilation and no requirement to empty them first, despite fire recommendations and previous fires.

The company pleaded guilty to workplace safety and dangerous goods offences and was fined $30,000 plus $5,000 and $5,292 costs.

Government of Western Australia | Alcoa was fined $400,000 and ordered to pay $5,536.70 costs after caustic solution burns at its Kwinana refinery.

In September 2022, a shift supervisor at Alcoa’s Kwinana alumina refinery opened a discharge valve during a pump changeover, causing an uncontrolled release of hot caustic solution that burned workers and visiting students. The supervisor left the valve open and the pump was started inadvertently.

Alcoa pleaded guilty to breaching the Work Health and Safety Act 2020 (WA) and was fined $400,000 plus costs.

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