In February 2024, LH Holding Management Pty Ltd, trading as Universal Stone and Marble, was fined $1.3 million with conviction in the Victorian Supreme Court after pleading guilty to a single charge of engaging in negligent conduct that constituted a breach of a duty owed to another person and caused their death.
The company's sole director Laith Hanna, 48, was also convicted and placed on a two-year Community Corrections Order after pleading guilty to a single charge of being an officer of a company that committed workplace manslaughter, a contravention solely attributable to his failure to take reasonable care.
Following an appeal, the Victorian Supreme Court today set aside the company's original fine and ordered it to pay a fine of $3 million. An appeal against Hanna's sentence was dismissed.
In October 2021, a 25-year-old subcontractor died after a forklift being operated by Hanna with a raised load on a sloping driveway tipped over and landed on top of him.
A WorkSafe investigation found it was reasonably practicable for the company to reduce the risk of serious injury or death by ensuring that the forklift was driven with the load as low to the ground as possible; driven in reverse down any slope or incline; only operated when other people were at a safe distance; and not driven across or turned on any slope or incline.
LH Holding Management's failure to implement these measures was negligent because it was a great falling short of the standard of care that would have been taken by a reasonable person in the circumstances and it involved a high risk of death or serious injury.
WorkSafe Executive Director of Health and Safety Sam Jenkin said the decision made it clear that workplace manslaughter was a serious criminal offence with severe consequences.
"This young man's death was a completely preventable tragedy - one entirely caused by the employer's negligence and complete disregard for basic health and safety obligations."
"While no penalty will ever make up for a life lost, today's decision reinforces that WorkSafe - and the courts - will hold negligent employers accountable when they fail in their ultimate responsibility to protect the lives of their workers."
Employers using mobile plant such as forklifts should ensure:
- A traffic management plan is in place to separate pedestrians and powered mobile plant and that it is reviewed and updated as required.
- There is an effective communication system between operators and other workers, including any contractors.
- Signage and barriers are erected where appropriate.
- Visibility issues are identified and controlled, particularly if lighting is poor.
- Operators are provided adequate information, instruction and training and work in accordance with an appropriate high risk work licence.
- Powered mobile plant is maintained and operated in accordance with manufacturer's recommendations and operations manuals.
