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ARTICLE · 12 SEPTEMBER 2011

Community based ‘prison term’ imposed for OHS breach by a worker

Health and safety offences by employees are in the spotlight this week.

AustraliaEmployment and HR
Barry Sherriff (Formerly With Norton Rose Fulbright Australia)
Barry Sherriff (Formerly With Norton Rose Fulbright Australia)
Luisa Gonzaga
Luisa Gonzaga
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Introduction

Health and safety offences by employees are in the spotlight this week.

In a recent decision a Victorian Magistrate convicted and sentenced a 21 year old construction worker to a four month intensive corrections order after he pleaded guilty to recklessly endangering another worker at his workplace. The worker was convicted of a breach of section 32 of the Occupational Health and Safety Act 2004 (OHS Act).

The incident occurred in 2009 when a construction worker, while working on the roof at a housing estate in Melbourne's west fired several nails at an apprentice, hitting and causing blindness to his left eye.

On 8 September, two employees were convicted and fined $1,500 each for 'planking' at work. One of the employees lay across the top of a canopy, while the other lay across the elevated tines of a forklift several metres above the floor. In each case, there was a significant risk of serious injury or death from a fall and the behaviour

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