Self employer convicted and given jail time following death of worker

Reckless

February 7, 2019

Conviction under work health and safety legalisation can result in significant fines and/or imprisonment.

Work health and safety legislation in Australia places significant duties and obligations on employers to ensure the health and safety of workers and others in the workplace.

Breaches of work health and safety duties constitute offences under work health and safety legislation and can lead to prosecution by a regulator. Conviction under work health and safety legalisation can result in significant fines and/or imprisonment.

The recent prosecution and conviction of an owner-operator in Victoria demonstrates the serious consequences that breaches of work health and safety obligations can have on businesses and individuals.

A Victorian Magistrates’ Court found the owner of a scrap metal business guilty of breaching the Occupational Health and Safety Act 2004 (Vic) (OHS Act) after a worker was fatally crushed by a metal bin.

The company owner was operating a forklift to lift a metal bin which the worker was standing in. When the metal bin was raised in the air, the worker fell through the corroded base of the bin before the bin itself fell from the forklift tines on top of the worker. The company owner did not, and had never, held a forklift licence and the bin itself had not been properly secured to the forklift.

Worksafe Victoria commenced proceedings against the company owner for breaches of the OHS Act, specifically:

The duty as a self-employer to ensure, so far as is reasonably practicable, that persons are not exposed to work health and safety risks; and
The duty not to recklessly engage in conduct that places or may place another person in danger of serious injury without lawful excuse.

The company owner pleaded guilty to both breaches and, in December 2018, was sentenced to six months gaol and was ordered to pay a fine of $10,000 plus costs.

This conviction in Victoria is the first for a breach of the duty not to recklessly endanger a worker and indicates the seriousness with which the regulators and the courts will take a failure to comply with work health and safety duties. As noted above, a breach of work health and safety legislation is a criminal offence and could result in criminal conviction with penalties including fines or imprisonment or both for individuals and officers.

Information provided in this blog is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.

Managing ill and injured workers

In her usual entertaining and informative style, our Managing Director and Principal, Athena Koelmeyer, will guide employers through the tangled web of legislative obligations they face when dealing with an ill or injured employee.

April 29, 2025

Events

Sole trader convicted and fined for WHS breach resulting in death of worker

In a recent decision of the NSW District Court, a sole trader has been convicted and fined $100,000 for breaching his health and safety duty under the Work Health and Safety Act 2011 (Cth), which resulted in workers being exposed to a risk of death or serious injury.

September 30, 2024

Blogs

The difficulties in balancing privacy and WHS obligations when handling employee personal information

To tell or not to tell

A recent decision of the Office of the Australian Information Commissioner has illustrated how difficult it can be for employers to balance their obligations under various workplace laws when managing ill and injured employees.

August 6, 2024

Blogs

WHS

Work Health and Safety

FWC upholds summary dismissal of employee who refused to provide medical information confirming fitness to work

If you refuse you lose

Where there are concerns about an employee’s fitness to work, employers may rely on terms in their employment contract which require the employee to comply with the reasonable and lawful direction to undergo a medical assessment.

June 10, 2025

Blogs

QIRC rejects unfair dismissal claim due to clear evidence of misconduct

Swear by it

Employers have a responsibility to address and manage poor conduct and behaviour which may expose other workers to work health and safety risks in the workplace. Implementation of effective disciplinary processes are vital in curbing such risks that may lead to a poor workplace culture, which may in turn create psychosocial hazards.

June 10, 2025

Blogs

Third maximum term contract role not substantially similar work

Not the same

Amendments to the Fair Work Act 2009 (Cth) limiting the use of fixed term and maximum term contracts prohibit employers from providing employees with successive term contracts, unless an exception applies.

May 27, 2025

Resources: Blogs

Reckless