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ARTICLE · 08 JULY 2019

Work Health and Safety - Director due diligence

To avoid criminal charges for breaches, officers should ensure their business is compliant with work safety practices.

AustraliaEmployment and HR

WORK HEALTH AND SAFETY - SECTION 27/31

Officer found guilty, released on Appeal

In a recent decision of the Queensland Court of Appeal, Gary Lavin, a sole director of Multi-Run Roofing Pty Ltd, had his conviction and sentence of 12 months imprisonment overturned.

Mr Lavin and his company had been convicted by a jury in the Maroochydore District Court on the 6 February 2019 for a breach of section 31 of the Work Health and Safety (WHS) Act of Queensland. The company was fined $1M.

Facts

On the 29 July 2014, an employee of Mr Lavin's company was working on a roof when he has walked over to the edge, tripped and fallen approximately six metres to the ground below suffering fatal injuries. The contract for the roofing work included the installation of edge protection for workers on the roof.

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