Carter Holt Harvey loses appeal, fine doubled
Carter Holt Harvey Woodproducts Australia, a subsidy of BSG Holdings, has had its initial fine of $120,000 fine regarding workplace safety breaches doubled after it lost an appeal.
The company will now pay $230,000 for breaches in workplace safety that lead to the death of an employee after a one-and-a-half tonne timber pack hoist fell on her as she dislodged a jamped piece of timber.
The Director of Public Prosecutions appealed the initial fine, saying that it was manifestly inadequate.
While the company was found not to have blatently disregarding workplace safety, it had been blind to a common enough problem that should have been addressed.
In his ruling, Judge Michael Tinney of the Victorian County Court said more should have been done given the size and nature of the machine.
WorkSafe’s Executive Director for Health and Safety, Ian Forsyth, welcomed the increase saying timber milling was high-risk work requiring employers to provide the highest possible level of protection for their workers.
“We expect a company which is part of a major player in the forestry industry to be leading the way on health and safety – clearly this wasn’t the case,” he said.
The company was prosecuted under Section 21(1)&(2)(b) of the Occupational Health and Safety Act 2004. This section covers the responsibility of employers to provide and maintain a safe workplace. In particular it requires them to make arrangements for ensuring, so far as is reasonably practicable, safety and the absence of risks to health in connection with the use, handling, storage or transport of plant or substances.