Wednesday 24th March 2021

Safety News: Wednesday 24th March 2021

Today's safety news roundup covers two significant workplace safety enforcement actions from this month, both carrying serious lessons for construction and environmental compliance teams. We bring you the latest updates from WorkSafe WA and the NSW Environment Protection Authority (EPA).

Shed Company and Director Face Charges Over Worker's Death

A shed company and its director are to be charged over a worker's death. In March 2020, two workers fell from a shed roof. One man suffered fatal injuries, while another sustained multiple fractures.

The workers were installing roof sheets on a farm when strong wind lifted a sheet from the pack they were working near, causing both men to fall from significant height.

WorkSafe alleges the work was conducted without appropriate safety control measures in place and has commenced prosecution against the shed company and its director over the worker's death. Businesses managing height-related risks should review our recent workplace safety news for related enforcement trends.

Charges include allegations of gross negligence against the shed company, carrying a maximum penalty of $2.7 million. A separate charge against the director alleges the offence occurred with his consent or resulted from his neglect, carrying a maximum penalty of $550,000 and five years imprisonment.

First mention occurred in Esperance Magistrates Court on 23 March. Original release available on the WorkSafe WA website.

Illegal Asbestos Waste Disposal Leads to Imprisonment and Significant Fines

An earthmoving company and one of its employees have been prosecuted by the NSW EPA over disposal of 1,400 tonnes of waste containing asbestos.

Asbestos-contaminated waste was collected from a Darlington building site in central Sydney during June and July 2016. EPA investigations discovered only one truckload out of 134 was lawfully disposed of at a licenced waste disposal site.

The employee received sentencing in the Land and Environment Court on 26 February 2021 for falsifying waste disposal dockets, after pleading guilty to two charges of knowingly supplying false and misleading information about waste.

• 12-month intensive correction order served in the community
• 250 hours of community service work
• Payment of the EPA's legal costs, totalling $60,000

The earthmoving company that employed him was also convicted on two charges of knowingly supplying false information regarding waste disposal in November 2020, following a separate EPA prosecution. That company received a $450,000 fine.

According to the EPA Director of Major Compliance and Investigations, criminal behaviour does not pay, and the agency will pursue offenders attempting to profit by damaging the environment. Rogue operators, he noted, cause harm to both the environment and honest companies.

Do you have an asbestos management plan in place for your work? To view more on this topic, visit the NSW EPA website.

Stay Informed on Workplace Safety Compliance

Keeping up with enforcement news helps safety professionals understand where regulators focus their attention each month. For more updates from this date range, browse our coverage from Wednesday 31st March 2021 and Wednesday 10th March 2021, both featuring further safety news relevant to construction, manufacturing, and environmental compliance sectors.