Comcare v John Holland Pty Ltd (No 2) [2009] FCA 1515 (Dalrymple Bay Junior fatality)
Issue
A team of five John Holland workers were involved in moving precast concrete decks to the end of a jetty under construction. The precast concrete decks were being transported on two jinkers that were being pushed by a front end loader. During this procedure, a worker’s foot became trapped under wooden scaffolding planks on the jetty. The worker was fatally injured when he was run over by the wheels of the jinker.
Investigation
Comcare conducted an investigation into the incident and the Comcare investigators concluded John Holland had breached s16(1) of the OHS Act in that it had failed to take all reasonably practicable steps to protect the health and safety at work of its employees. The evidence collected by the investigators was considered alongside the criteria set out in Comcare’s Enforcement Policy, and a decision was made to commence proceedings against John Holland Pty Ltd alleging it had breached s16(1) of the OHS Act.
Outcome
The Federal Court declared John Holland had contravened s16(1) of the OHS Act, and imposed a pecuniary penalty of $180,000. The Court considered the dangers associated with the work task giving rise to the incident as “obvious…relatively simple to avoid, but unrecognised and unaddressed in a manner which raises the objective gravity of the offence…towards the higher end of the scale”.
A copy of the decision is available at http://www.austlii.edu.au/au/cases/cth/FCA/2009/1515.html.