WorkSafe ACT findings on workplace fatality

Content warning: this article may cause distress to readers.

Multiplex were convicted today for Category 2 offences under the Workplace Health and Safety Act 2011. In 2016, at the University of Canberra public hospital building site, a construction worker was killed when a mobile crane trying to move a ten-tonne generator toppled, fatally crushing him.

Work Health and Safety Commissioner, Jacqueline Agius offered her sympathy and deepest condolences to Mr Holtz’s family and expressed her sadness for the Canberra community.

“I offer my condolences to the Holtz family and friends. Every workplace fatality is heart-breaking and sends shockwaves through our community.”

“Every worker has the right to a safe workplace, and the right to return home safely at the end of their shift. Poor safety practices and culture in any workplace that put human life at risk will not be tolerated.”

Penalties for the convictions should reflect the serious nature of the offence and aim to prevent future workplace fatalities. The ACT now has Industrial Manslaughter laws, which are welcomed by WorkSafe ACT. Commissioner Agius is committed to a firm approach to enforcement and compliance, and urges swift prosecutions.

“PCBUs must have every system and control measure in place to protect each and every worker from workplace injury and disease. I want to be very clear; every workplace fatality is preventable.”

“It can be devastating for families having to revisit workplace fatalities after a significant period of time, it can also adversely impact on the healing process. WorkSafe ACT has implemented processes and procedures to ensure that investigations are thoroughly conducted and a comprehensive brief of evidence is supplied to the Department of Public Prosecutions in a timely manner. I want to avoid retraumatising families many years after the loss of their loved one.”

“The new Industrial Manslaughter laws will give the families of workplace fatalities a voice in court proceedings. This is a powerful voice, one that speaks of loss and sorrow , and will form an important part of the grieving process. This will ensure victim impact statements can be taken into account during sentencing submissions.”

WorkSafe ACT has also recruited a dedicated Family Liaison Officer whose role is to assist and support family members by keeping them informed about investigation and prosecution processes. They will also connect families to local and national support services to help them through these tragic circumstances.