WHS Due Diligence for CEOs, Directors and Managers – TAS edition
Case Studies
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1) Lazenby Sand Pty Ltd :
In January 2020, a worker was diagnosed with silicosis.
Findings
Inspectors from WorkSafe Tasmania investigating the incident found:
- the worker was exposed to respirable crystalline silica at the Lazenby Sand site
- the worker wasn’t provided with any instruction or training about dust
- there were no respirators available until 2017
- there was no information provided about silica or dust generally, no signage, and no toolbox talks
- before Lazenby Sand’s employment of a business manager in 2016, there was a lack of WHS resources, which contributed to a lack of understanding of the WHS laws and the WHS risks at the site.
Outcome: The company was convicted on a Catagory 2 offence and fined $230,000 |
2) First prosecution of an Officer (NSW 2015)
Worker/truck driver was electrocuted when he tipped his truck trailer. The trailer then touched the power line. The Worker was killed. The job was managed by the organization’s Project Manager who was deemed to be an Officer by the owners of the business.
Outcome
The Magistrate found that the project manager:
1) Sat close to the top of the structure of the business, but the business had a relatively flat management structure and there was no evidence he made or participated in making decisions that affected the whole or a substantial part of it;
2) Identified potential employees but was not responsible for hiring or dismissing them;
3) Did not have the authority to commit corporate funds to projects; and
4) Prepared tenders but did not sign off on them.
On these grounds, the project manager was deemed NOT to be an Officer and the case against him was dismissed.
The company went into voluntary liquidation in 2015. |
