WorkSafe Victoria | A garlic bread wholesaler has been convicted and fined a record $3.4 million for workplace manslaughter after a worker fell to his death at a bakery in Reservoir.

Risham Nominees Pty Ltd, trading as Centenary Bakehouse, was sentenced in the Victorian Supreme Court after earlier pleading guilty to a single charge of engaging in negligent conduct that constituted a breach of a duty owed to another person and caused their death.

The court heard the company was undertaking ceiling upgrades at the bakery and engaged three workers to remove large insulation panels suspended in the roof space.

In August 2021, a 53-year-old worker fell approximately four metres to the ground below, sustaining fatal head injuries.

A WorkSafe investigation found that before commencing works, the company did not refer to any industry standard or guidance material, nor had any control measures in place to reduce or eliminate the risk of a fall from height. While harnesses were available at the workplace, workers were not required to use them.

It was reasonably practicable for Risham Nominees to have reduced the risk of serious injury or death by using an independent scaffold system such as a birdcage scaffold.

The court heard the company’s failure to do so was negligent because it fell well short of the standard of care that would have been taken by a reasonable person in the circumstances.

This is WorkSafe’s second prosecution under Victoria’s workplace manslaughter provisions since they were introduced in 2020. The fine is the largest ever for a single offence under Victoria’s workplace safety laws.

SafeWork SA | A South Australian gym operator and its director have committed to more than $210,000 in safety improvements after allegedly exposing workers and others to risks associated with airborne asbestos.

SafeWork SA accepted Enforceable Undertakings (EU) from 24 Power Fit Pty Ltd and its sole director Chad Oldfield.

The undertakings follow alleged contraventions of the Work Health and Safety Act 2012 (SA) during demolition and renovation works at the Plympton Park fitness centre in 2023.

An investigation was conducted by SafeWork SA where it was alleged that 24 Power Fit and Mr. Oldfield failed to adequately identify and manage asbestos risks during demolition works in accordance with the approved Code of Practice.

It was also alleged Mr. Oldfield, as a director, failed to exercise due diligence to ensure the company complied with its work health and safety duties.

24 Power Fit and Mr. Oldfield have each entered into EUs with SafeWork SA to deliver initiatives aimed at improving safety outcomes in the workplace, across industry, and in the wider community as an alternate enforcement outcome.

An EU is a written, legally binding commitment to implement effective work health and safety initiatives, which typically results in a monetary value greater than the expected prosecution fine. These measures are intended to deliver tangible benefits for workers and others, industry, and the broader community, while also addressing the risks that gave rise to the undertaking. All EU initiatives go beyond what is required for legislative compliance.

No injuries were reported in connection with the incident.

Government of Western Australia | A construction company has been fined a record $1.75 million over the death of a worker who was struck by a falling structural steel column, the highest fine ever imposed under WA’s workplace safety laws.

AR Constructions (currently in the process of liquidation) pleaded guilty to failing to ensure the health and safety of a worker and, by that failure, causing his death and was fined in the Midland Magistrates Court.

AR Constructions had been engaged by principal contractor Glask Construction to erect structural steel, including standing columns, at a large industrial construction site in Malaga in July 2024.

In order to erect the steel columns, they were moved by crane using a series of lifting devices to a designated rag bolt assembly, then further secured by a dogger and a rigger.

On the day of the incident, three AR Constructions workers, a crane operator, a dogger, and a rigger, were engaged in erecting standing columns at the Malaga site.

The dogger applied a lifting device to the crane’s lifting chains, and the column was lifted and suspended 30cm from the ground in anticipation of being placed on the rag bolt assembly by the dogger and rigger.

While the dogger was elsewhere on the site the rigger entered the danger zone of the suspended column. The lifting device failed and the column fell onto the rigger, resulting in fatal injuries.

The lifting device used on the lift (a “Pink Lug”) was non-proprietary and was not compliant with the Lifting Standard, not being rated or marked with its working load limit. It resembled other suitable, proprietary lifting devices on site in colour, size, and attachment mechanism.

In addition, there were no records on how long it was used for, where it was sourced from, who manufactured it, if it was ever inspected or tested or its rated capacity.

The court heard that the company’s directors were aware that the Pink Lug was not rated or compliant but did not remove it from use.

SafeWork SA | A mineralogical services company has been fined $210,000 after a worker’s hand became trapped in a rock crushing machine at its Wingfield workshop.

Bureau Veritas Minerals Pty Ltd pleaded guilty and was sentenced in the South Australian Employment Court after a SafeWork SA prosecution.

The incident occurred on 29 June 2023 when a 20-year-old worker was crushing rocks into smaller particles using a rock crushing machine.

The worker, who had only been employed at the business for a few weeks, pressed the stop button after a rock became jammed in the crusher. He then used the padlock key kept on a table beside the crusher to open the padlock and lift the arm.

The worker removed the guard revealing the two internal rollers but did not switch off the power source.

As he attempted to remove the jammed rock with his right hand, the rollers re-activated, pulling his gloved hand into the machine and crushing his fingertips.

Serious crush injuries were sustained to four fingers, and the tip of his index finger had to be amputated.

Bureau Veritas Minerals was charged with one offence under section 32 of the Work Health Safety Act 2012 of failing to comply with its health and safety duty.

The SafeWork SA investigation found that the company failed to:

  • Provide safe plant by the use of an adequate interlock device on the crusher.
  • Take adequate steps to ensure workers did not engage in unsafe practices while using the crusher.
  • Assess the risk of the crusher being energised when a worker was performing the task.
  • Provide adequate training, instruction or supervision while using the crusher.

Since the incident, Bureau Veritas Minerals has made several safety improvements such as reinforcing pre-start practices, monthly refresher training, and safety upgrades to the crusher to remove power in the event of an emergency stop and guard activation.

In her sentencing remarks, Deputy President Judge Carrel said the potential risk was entirely foreseeable as the crusher was used almost daily and jams occurred frequently.

She said the risks were even greater when young, inexperienced workers were effectively left with little supervision and inadequate training.

A conviction was recorded and Bureau Veritas Minerals was fined $350,000. This was reduced by 40% to $210,000 for its early guilty plea.

Bureau Veritas Minerals was also ordered to pay a contribution to SafeWork SA’s legal costs of $2,310, and a Victim of Crime Levy of $437.

WorkSafe Victoria | A frozen food manufacturer with a history of workplace health and safety offending has been convicted and fined another $180,000 after a worker’s finger was lacerated in a dough-mixing machine.

Makmur Enterprises Pty Ltd was sentenced in the Melbourne Magistrates’ Court after pleading guilty to failing to provide a safe working environment and failing to provide safe plant with an interlocking guard.

The court also ordered the company to pay $5,816 in costs.

In October 2024, a worker at Makmur’s Richmond factory was operating a dough-mixing machine, using a metal scraper to move dough from the edge of the bowl closer to the agitator.

During this process, the metal scraper struck the rotating agitator blade and the worker’s finger was crushed between the scraper and another part of the machine, causing a laceration that required hospital treatment.

A WorkSafe investigation found that while Makmur had installed a metal grill to reduce access to the rotating agitator blades, there were still large gaps that allowed a person to reach their hand or arm behind the grill into the danger area.

Makmur admitted it was reasonably practicable to have used a combination of fixed and openable guarding connected to an interlock to prevent access to the danger area while the machine was operating.

The company has previously been fined a total of $345,000 after being charged in relation to five similar incidents dating back to 2014.

WorkSafe Victoria | A supermarket worker who was caught running a chilli sauce business while receiving compensation for a work-related injury has been ordered to pay back more than $117,000.

Gary Janson, 58, was sentenced in the Melbourne Magistrates’ Court after earlier pleading guilty to a single charge of fraudulently obtaining payments.

In addition to the restitution order, he was convicted and placed on an 18-month Community Corrections Order with a condition to complete 220 hours of unpaid community work.

The court heard Janson began receiving weekly compensation payments in June 2014 after lodging a claim for a shoulder injury sustained at work.

A WorkSafe investigation later found that Janson had started a chilli sauce business in October 2021, selling products online and at markets, shows, and festivals across Victoria and interstate.

During that time, Janson did not disclose his business and continued to submit certificates declaring he had not worked and had no capacity to work, receiving $117,121.41 in weekly compensation payments before they were terminated in October 2023.

When advised of the termination, Janson claimed the business was his son’s and maintained that he could not even lift his arm up to be able to work.

However, records revealed Janson was registered as the sole director, secretary, and shareholder while the company’s website listed him as the owner.

Surveillance footage also showed Janson setting up and packing up market stalls, lifting and carrying large boxes, and raising both arms for extended periods of time.

SafeWork NSW | LiveBetter Services Limited has been fined $675,000 in the District Court of NSW as a result of a prosecution by SafeWork NSW.

The proceedings arise from an incident on 2 February 2022 in which a client of LiveBetter died as a result of injuries she sustained after being placed in hot bathwater whilst in the care of two disability support workers employed by LiveBetter.

LiveBetter Services Limited pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its duty under section 19(2) of the Act.

LiveBetter Services Limited has the right to appeal against the sentence.

SafeWork NSW | Northwest Recycling Centre Pty Ltd has been fined $472,500 in the District Court of NSW as a result of a prosecution by SafeWork NSW.

The proceedings arose from a serious incident on 8 July 2022, when a worker was fatally injured while attempting to clear a blockage in a Van Gelder Green Waste Grinder from within the feed chute.

Northwest Recycling Centre Pty Ltd plead guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its duty to workers under section 19(1) of the Act.

Northwest Recycling Centre Pty Ltd has the right to appeal against the sentence.

Government of Western Australia | WA’s energy safety regulator is warning electrical contractors that it is illegal and dangerous to allow unsupervised work by apprentices and to provide misleading information to authorities.

The message follows almost $30,000 in fines for electrical offences at a Thornlie property, where a tradesman received an electric shock.

Clarkson-based electrical contractor Team Smartfix Pty Ltd and the company’s nominee, Joshua Ryan Howes, attended separate court hearings following prosecution by the Department of Local Government, Industry Regulation and Safety (LGIRS).

Joshua Hills, an irrigation installer from another company, was also prosecuted for unlicensed electrical work at the same property.

Armadale Magistrates Court heard Team Smartfix sent four of its electrical apprentices to the home in November 2023 to carry out work including replacing an electrical switchboard, repairing and installing light fittings and changing power points.

Electrical laws require an appropriately licensed electrician to effectively supervise the work of electrical apprentices. The court was told that although Mr. Howes claimed to have been at the home and signed an on-site testing sheet, evidence revealed the Team Smartfix apprentices were unsupervised.

A week later, Mr. Hills received an electric shock while replacing a bore motor at the property. Fortunately, he was not seriously injured.

Several electrical faults were identified in locations where the apprentices had carried out work, including incorrect placement of switchboard components that caused the home’s circuits to become unsafe.

The court heard Team Smartfix provided an inaccurate notice of completion and electrical safety certificate because Mr. Howes had not carried out the checks and tests he signed off on. The company also provided false or misleading information about Mr. Howes’ activities in response to an official request from LGIRS investigators.

At Armadale Magistrates Court, Team Smartfix was fined $20,000 and ordered to pay $984.50 in costs after pleading guilty to breaching the Electricity (Licensing) Regulations 1991 and the Energy Coordination Act 1994 for failing to ensure the apprentices were supervised, carrying out unsafe and non-compliant electrical work, providing inaccurate notices and misleading the regulator.

Also at Armadale Magistrates Court, Mr. Hills was fined $5,000 and ordered to pay costs of $984.50 after pleading guilty to carrying out electrical work related to the bore without holding the required electrical licence or permit.

At Joondalup Magistrates Court, Mr. Howes pleaded guilty to three charges under the Regulations for signing the inaccurate notice and certificate. He was fined $4,500 and ordered to pay costs of $1,369.20.

Magistrate Andrew Maughan described the allegations as “serious” and noted Mr. Howes’ early guilty plea and lack of electrical offences since the incident.

Government of Western Australia | A trucking company has been fined $550,000 (and ordered to pay $8,000 in costs) for failing to properly secure a load on one of their trucks that was later involved in a fatal collision.

R.G.R. Road Haulage Pty Ltd pleaded guilty to failing to ensure that the health and safety of other persons was not put at risk by their work and was fined in the Perth Magistrates Court.

Three mining and construction services companies were also fined a total of $770,000 over the same incident in October 2025.

Those three companies provide services to the civil mining and construction industry, and all played a role in the construction of earthworks at a mine in the Pilbara.

The earthworks required the use of large amounts of water, and the mine operator requested one company to provide a water pump known as a “MegaFill pump”, which was procured by the hire company.

The MegaFill pump is a mobile water pump with two booms, an intake boom and a discharge boom. The booms extend out for use and are folded away for storage and secured for transport.

When folded, the booms can unfold and rotate away from the pump if not properly secured, so the intake boom is secured for transport by way of a chain attached to the boom, a travel mount strap placed over the boom and a travel mount bolt attaching the boom to the pump frame. A precautionary strap is applied over the whole machine.

When this work was completed, a haulage company was engaged to transport the pump back to Perth, where it was demobilised.

The workers involved placed a rachet strap over the intake boom for transport, but they did not attach the chain or the travel bolt, creating a risk that the boom could rotate during transport.

The pump was later loaded onto a semi-trailer, with the travel strap in place. However, the truck driver failed to place a strap over the entire pump or check to see if the travel mount bolt or holding chain had been applied to the intake boom.

When the truck was travelling towards Perth on Great Northern Highway, the ratchet strap securing the intake boom failed and the boom became unrestrained.

At around 9.27pm on 25 July 2022, the intake boom of the pump struck and killed the driver of a truck travelling in the opposite direction just north of Meekatharra.

WorkSafe did not claim that R.G.R. caused the death, however the company did play a part in the incident by failing to ensure the proper restraining of the boom of the water pump that rotated to the other side of the highway during transport.

R.G.R. and its director were also fined a total of $400,000 in March 2025 over another incident, pleading guilty to failing to maintain a safe workplace and, by that failure, causing serious harm to a worker.

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