WorkSafe Tasmania actively enforces the law, prosecuting alleged offenders under the prosecutions framework.
Where there has been a successful prosecution but an order was made that no conviction was to be recorded, we have removed information from the court summary to avoid breach of the court's order and infringement of the Sentencing Act 1997.
See also enforceable undertakings.
Transport company pleads guilty, fined after near miss
Toll Transport Pty Limited was prosecuted and fined $40,000 on 4 December 2024 plus costs after an incident that saw a forklift go over the edge of Burnie port and into the harbour, with the operator narrowly avoiding significant injuries.
On 1 December 2020, a cargo ship owned by Toll Transport was returning to Burnie Port from Melbourne. The cable operating the “fingers” of the ship’s loading ramp was broken and inoperable — these had been so since the ship left Burnie three days earlier.
Crew at Burnie attempted an alternative process that had been successful in Melbourne: using a forklift truck to guide the ship’s loading ramp as it was lowered to the wharf.
As the operator was attempting to guide the ship’s ramp the forklift truck (weighing approximately 36 tonnes) went over the edge of the wharf and into the water. The forklift truck operator jumped out of the cab as the truck went over the edge and was not injured; however, this incident had the potential for significant injuries and even loss of life.
WorkSafe inspectors attended the incident and investigated to identify the causes/contributing factors, and potential contraventions of the Work Health and Safety Act 2012. The investigation identified:
- there were no safe systems of work in place for the task being undertaken
- there was no risk assessment or descriptive planning in place even though there was a risk assessment policy at the workplace. The fault was known three days prior to the incident, however there was no detailed plan in place to stop the task if it looked too dangerous by the spotters
- the forklift truck was not designed for the task it was being used for and had a history of gearbox issues. This contributed to it being unable to climb out of the decline on the loading ramp, resulting in it falling into the water
- previous knowledge of the same issue with different ships and ramps existed, hence crew assumed they could deal with the issue in the same way. However, this did not take into consideration the nature of the ship and loading ramp at Burnie, the condition of the forklift and the ramp (which was wet and slippery at its end), or the tide (which was low, causing a downward slope)
- the forklift operator had no previous knowledge of the work around task, and no training in doing it.
On 4 December 2024, Toll Transport Pty Limited pleaded guilty to one count of failing to comply with section 32 (category 2) of the Work Health and Safety Act 2012. The company was fined $40,000 plus costs in the Burnie Magistrates Court.
Speaking after the decision, the Acting Work Health and Safety Regulator Sam Thompson said: ‘This prosecution shows that we take seriously all incidents — even those where no one is harmed. In this incident, the potential for the forklift driver to be injured, or even killed, was significant.
‘Workplaces must complete risk assessments and put into place control measures that are specific to each task being undertaken and must include consideration of all work environment factors. You can’t rely on ‘how it’s been done before’. That includes ensuring workers are trained, especially when doing tasks that are new to them.’
Worker guilty of work health and safety breaches
Jonathan Curtain, an employee of Andrew Walter Constructions, was convicted and fined on 3 October 2024, after an excavator he was operating on 13 April 2022 reversed over another worker, who sustained a serious injury.
WorkSafe Tasmania inspectors attended the incident and the subsequent investigation identified breaches of the Work Health and Safety Act 2012.
The Director of Public Prosecutions charged Mr Curtain with:
- a failure to comply with a health and safety duty which exposed an individual to a risk of death or serious injury or illness (Category 2 offence under section 32 of the Act); and
- a regulatory offence for not ensuring that an item of plant does not collide with pedestrians or other powered mobile plant (regulation 215(4) of the Work Health and Safety Regulations 2022).
Mr Curtain pleaded guilty to all charges.
In sentencing, Magistrate Chris Webster recorded convictions for both charges and imposed a fine of $20,000 and court costs of $78.54.
Work Health and Safety Regulator Robyn Pearce said ‘This incident had a serious impact on the life of the injured worker.
‘Plant operators need to be aware of their surroundings when operating heavy plant. Establishing an effective exclusion zone around operating plant is a critical safety measure, but it will not prevent serious injuries if the plant operator does not ensure there are no workers or other people near the plant.’
Automotive products company convicted and fined after worker fell from pallet racks
GPI Automotive Products Pty Ltd has been convicted and fined after a worker who was checking the structural integrity of some pallet racks fell and landed head first onto a concrete floor on 5 July 2021.
While trying to load a 350kg pallet using a walkie stacker, the operator suspected the base of the pallet racks was unsafe and asked the worker to check. The worker climbed the pallet racks, hit his knee then fell. He suffered a fractured skull and other serious injuries.
WorkSafe inspectors attended the incident and investigated to find the causes and contributing factors. They identified possible breaches of the Work Health and Safety Act 2012 had occurred, and WorkSafe’s investigation report was forward to the Office of the Director of Public Prosecutions.
Magistrate Evan Hughes in his decision noted that GPI Automotive Products failed to implement its duty under the Work Health and Safety Act 2012, including:
- there was no discussion with workers about work health and safety
- there were no safe systems of work in place
- there was no training in several safety hazards likely to be present at the workplace
- neither worker had done an induction nor had any instruction in using the walkie stacker or pallet racks
- safety equipment was not used
- there was no Safe Work Method Statement (SWMS) for working at heights.
The Magistrate also noted that GPI Automotive Products had:
- complied with the improvement and prohibition notices issued by WorkSafe Tasmania
- no prior history of non-compliance with the work health and safety laws.
Since the incident, the company has changed owners and changes were introduced to improve work health and safety. These included implementing safety manuals and engaging specialist WHS consultant to provide training and support the new work health and safety manual.
The Magistrate also noted that GPI Automotive Products had entered a guilty plea at an early stage. He accepted this plea as evidence of remorse and noted that the company had engaged appropriately with WorkSafe Tasmania to resolve the matter.
GPI Automotive Products Pty Ltd was convicted and fined $70,000 in the Launceston Magistrates Court on 4 July 2024.
Speaking after the decision, the Work Health and Safety Regulator Robyn Pearce said: ‘I am pleased the prosecution against GP Automotive Products is now complete. This incident had a serious impact on the life of the worker involved.
‘This prosecution shows how important it is that employers have safety management systems in place to protect workers while they’re doing their job. Training, safe work procedures, inductions and other practices are important foundations for ensuring workers are safe.
‘While it is encouraging to see that the company made positive changes after this incident, I emphasise that all employers must be vigilant about the hazards and tasks in their workplaces, to ensure the risk of harm to workers is properly managed.’
Building company guilty and fined for failing to protect safety of labour hire worker
Macquarie Builders Pty Ltd has been convicted and fined when a labour hire worker it employed was severely injured after being impaled on its worksite at Kingston.
The Magistrates Court heard that around noon on 24 April 2019, a labour hire worker engaged by Macquarie Builders was working on a scaffold. The scaffold tipped over; the worker fell and was impaled on a star picket, sustaining severe and lifelong injuries.
When WorkSafe Tasmania Inspectors arrived at the worksite, they found it was locked and shut down with no one there. The incident site had been cleaned up, equipment put away and important site documents removed. This hindered Inspectors in their investigation into the incident.
Macquarie Builders was found guilty of two charges under the Work Health and Safety Act 2012:
- failing to comply with a health and safety duty (section 32)
- failing to preserve an incident site (section 39).
The company was fined $100,000 for failing to meet their statutory duty, and $15,000 for failing to preserve the incident site, in the Hobart Magistrates Court on 26 April 2024.
Speaking after the decision, the Work Health and Safety Regulator Robyn Pearce said: ‘I am pleased the prosecution against Macquarie Builders has been finalised. This horrific incident traumatised not only the worker who was injured, but also their workmates who witnessed the incident and supported the worker in the immediate aftermath.
‘This prosecution sends a strong message to all businesses who engage labour hire workers: You must ensure the safety of your labour hire workers the same way you ensure the safety of your own workers.
‘You have the same duty of care to protect the health and safety of labour hire workers while they’re working at your workplaces as you do for your own employees.
‘Significant penalties also exist for disturbing an incident scene before it has been inspected or released by WorkSafe Tasmania.
Businesses are reminded they have to notify WorkSafe Tasmania immediately on 1300 366 322, if someone suffers a serious injury at your workplace. Aside from helping any injured person to receive medical help, no-one can disturb the site including not cleaning up or removing any equipment or site documents.
‘Employers are legally required to make their workplace safe for everyone, including labour hire workers. I urge you to make safety a focus so that everyone affected by the work they do returns home safely every day.’
Unity Mining found guilty after death of worker at Henty Gold Mine
Unity Mining Pty Ltd, which operates the Henty Gold Mine, has been convicted and fined after a worker and the loader that he was operating fell into a hole created when the drive he was working in above an old mining area collapsed and the worker died.
Unity Mining Pty Ltd was charged under the Work Health and Safety Act 2012 and plead guilty to a Category Two offence for failing to comply with a health and safety duty which exposes a person to a risk of death or serious injury.
The Magistrate found that the company had failed to properly assess the risk of the drive collapsing by not considering and confirming the overall stability of the area and the type of fill used in the old mining site.
The Magistrate also found that there were reasonably practicable steps that could have been taken by the company which would have avoided the collapse occurring.
Unity Mining Pty Ltd was fined $150,000 in the Burnie Magistrates Court on 30 April 2024.
The Magistrate found that Unity Mining Pty Ltd was “safety conscious and generally had appropriate systems in place to ensure the health and safety of its workers. The incident did not occur as a result of a lax attitude to safety; it was not a systemic failure as it seemed to have only applied to one particular area and the drive.”
The Magistrate determined it was more than a momentary lapse however. “The information was available and processes should have been in place to ensure adequate risk assessments were conducted to ensure the adequacy of the fill. In this case, they were not.”
Speaking after the decision, the Work Health and Safety Regulator Robyn Pearce said: ‘Our thoughts are with the worker’s loved ones at this difficult time.
‘The first and simplest takeout from this prosecution is that corporate knowledge must be accurately documented and shared. Whether there are changes with individual personnel or with entire companies, accurate and clear records ensure not just business continuity but safe workplaces, too.
‘The second important message is that in high-risk environments like remnant mining and operations around voids, there needs to be certainty about the environment workers operate in.
‘Businesses must do their due diligence to review all risks and risk control measures. Engaging an independent competent person to peer review decisions is one way to do this.
‘If unsure, taking a very conservative and cautious approach is key, especially in older remnant mining sites where it is not always clear where holes and spaces are below ground, what work was done, and what is the condition of the area.
‘All these factors are especially important in higher risk industries like mining.’
Excavator driver fined $55,000 for unsafe work practices
Mr Mark Grima has been convicted and fined after his unsafe manner of working severely injured a worker from another business at a worksite in northern Tasmania in November 2020.
The Magistrate found that Mr Grima, an excavator operator, had commenced operating his excavator while another worker was present in the trench. Mr Grima did not ensure the excavator was in the correct operating mode before starting the machine, and did not ensure there was an exclusion zone with no one in it before operating the machine. As a result, a worker suffered severe crush injuries to his pelvis when he was pinned against the side of the trench by the excavator bucket.
Mr Grima was fined $55,000 in the Launceston Magistrates Court on 1 May 2024.
In sentencing, the Magistrate found that the offence was a significant departure from safe practice. Safety at work sites is an important factor; they are especially fraught with danger if people and machinery are working in the same area.
The Magistrate indicated that it was significantly foreseeable that there was a risk of a crush injury occurring and compliance with the rules would have eliminated the risk.
Speaking after the decision, the Work Health and Safety Regulator Robyn Pearce said: ‘This incident shows how important it is to operate mobile plant and equipment safely around workers.
‘WorkSafe Tasmania Inspectors have seen too many incidents lately involving mobile plant operators not taking care when operating their equipment around workers, and not maintaining safe exclusion zones.
‘Operators must not operate mobile plant in a way that puts other workers at risk. They must ensure workers are not near machinery when it is being operated.
‘Workers in the vicinity of mobile plant must also take care and not get distracted around mobile plant.
‘Employers or managers who manage plant operators are also responsible for ensuring the mobile plant is operated safely and by competent workers.'