Workplace fatality sentencing
9 June 2022
Content warning: this article may cause distress to readers
Better Building Holdings Pty Ltd were today convicted of category 2 charges with a $450,000.00 fine by the Industrial Court Magistrate. Earlier this year, the company pleaded guilty to a charge laid against it for the workplace death of Mr Thomas Magi, a carpenter who fell over six metres at a worksite at Denman Prospect in 2020.
Work Health and Safety Commissioner, Jacqueline Agius, again extended her sympathy and deepest condolences to the family of Mr Magi.
“When we hear news of a worker falling to their death– we should not need to be reminded that they are a person with a family, friends, team-mates, and colleagues who belongs to a community. The suffering caused by every work-related tragedy extends beyond the worker and impacts us all. Each workplace fatality is one too many.”
Residential construction continues to be a priority sector for WorkSafe ACT. During May, 246 workplace visits were conducted in the territory with significant breaches continuing to be observed by WorkSafe ACT inspectors. A refreshed Residential Construction Strategy is in planning for release later in June.
Commissioner Agius reiterated her commitment to firm enforcement and compliance with the Work Health and Safety laws and was heartened to see sentencing occur for this tragic incident.
“Every worker has the right to a safe workplace and the right to return home safely at the end of their shift. And it is for this reason, on days like today, out of respect for Mr Magi and his family, that we say, enough is enough. Today’s sentencing is a clear message to duty holders, they must comply with their work health and safety obligations and if they don’t, they will be held to account.”
In keeping with our commitment to enforcing the work health and safety laws, category 2 charges were laid yesterday on a person conducting a business or undertaking (PCBU) for an incident in 2020 where a worker fell a total of 5.8 metres resulting in paraplegia.
“We take a strong regulatory approach to health, safety and wellbeing. A safe and healthy workplace is a basic right for all workers at all workplaces. WorkSafe ACT inspectors are enforcing compliance with the law in all workplaces every day to improve health and safety. We will not stop. Where safety is at risk, we will be there.”
WorkSafe ACT Media team
0466 927 213
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