A recent WorkSafe Victoria prosecution has highlighted the severe consequences businesses face when they fail to meet their Work Health & Safety (WHS) obligations. A crane company was fined $400,000 after a major safety breach resulted in a worker’s death and multiple injuries. This case serves as a powerful reminder of the legal and moral responsibilities held by every person conducting a business or undertaking (PCBU).
The Duty of Care
Under WHS legislation, a PCBU must ensure, so far as is reasonably practicable, the health and safety of workers. This includes providing safe equipment, safe systems of work, and ongoing risk management. When these obligations are not met, catastrophic consequences are likely to be experienced.
What Happened
The incident occurred when a crane was transporting a kibble of wet cement. The hoist ropes suddenly snapped, causing the kibble to fall into a nearby work area. The impact was devastating:
- One worker was tragically killed
- Another sustained serious injuries
- A third worker suffered minor injuries
Investigations revealed that the crane’s hoist rope assembly had not been inspected, and the company had no procedures in place for conducting such inspections.
Charges and Penalties
Clark Cranes was subsequently charged with two counts of negligence:
- Failing to provide safe equipment
- Failing to ensure the equipment was erected for safe use
The court found the company had significantly departed from its WHS duties, resulting in a $400,000 fine.
Why This Matters for Employers
This case reinforces that WHS compliance is not optional. Employers must:
- Maintain safe equipment
- Implement and follow inspection procedures
- Train workers in safe operating practices
- Regularly review WHS systems
- Act promptly on identified risks
Failing to do so exposes businesses to legal penalties, reputational damage, and most importantly risks to worker lives.
At ABILITY GROUP, we help organisations strengthen their WHS and injury management systems to prevent incidents like this. Our team provides:
- WHS audits and risk assessments
- Injury management and return?to?work support
- Policy and procedure development
- Training for leaders and workers
- Guidance on compliance with WHS legislation
Our goal is to help employers create safer workplaces and reduce the likelihood of costly incidents and penalties.
Protect Your Workers and Your Business
This tragic case underscores the importance of proactive WHS management. If you need support reviewing your safety systems, improving compliance, or managing workplace injuries, ABILITY GROUP is here to help.
For further information please refer below or contact our team.
Source: WorkSafe Victoria
Title: Clark Cranes Pty Ltd
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