Across Australia, all states have basically the same standards in their occupational health and safety laws. The new state's Work Health and Safety Act 2011 requires employers to ensure that employees are not at risk in the workplace. This means that employers have a duty to take appropriate steps to assess, identify and eliminate potential hazards.
A construction worker in, (DPP v Vibro-Pile (Aust) Pty Ltd & Frankipile Australia Pty Ltd), died in a safety accident in Victoria State in May 2011, falling from a 40-meter high altitude from a ground-piling machine. The reason is that there is one less bolt installed on the machine's high-altitude protection device. According to prosecutor,
The employer could have found the danger.
The employer has not written and executed the correct procedures for the machine.
The employer did not adequately train the workers.
The employer did not send personnel to monitor the pile driver's ups and downs.
Defendant, that is, the employer, held different views and held that he was innocent. After 17 days of trial, the Victoria District Court convicted defendant and fined four hundred and fifty thousand Australian dollars. Defendant pleaded not guilty and thought the fine was high and appealed. Prosecutor said the fine was small and disagreed with the ruling, so both sides appealed to the Supreme Court of Victoria.
In March 2016, the Victoria High Court declared defendant guilty and increased the fine, from four hundred and fifty thousand to 1.5 million. According to the Veterans,
The employer violated the safety regulations and did not eliminate the safety risks to the workers.
The death or injury of a worker is sufficient evidence.
The extent of violations of occupational health and safety laws is not measured by the consequences of violations. A very serious violation may end up causing no injury, or only minor damage, but a very small violation may result in the death of a worker.
The state's courts have to abide by the precedents of the high court's decision to impose heavier penalties. Other states at all levels of the court can draw on the decision, although not mandatory follow, but persuasive.
The above-mentioned cases and penalties give Australia's employers a clear signal that they must take practical measures and steps to eliminate safety hazards and never violate the Occupational Health and Safety Act, or they will face heavy penalties. The extent of the violation is not related to the occurrence of an accident, nor to the size of the violation, as minor violations can also cause a major accident.
More about Work Health and Safety Act 2011, which I'll cover in a follow-up article, is extremely important for both employers and employees. Please continue to follow the avant-garde of Australia and France!