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Companies charged following worker’s death

Following the death of a carpenter on a construction site in August 2021, two companies have been charged with a series of Occupational Health and Safety Act violations.

Occupational Health and Safety Act violations

A reminder to all employers that Industrial Manslaughter Law is Now in Effect. Workplace manslaughter is now a jailable offence.

The full article, A State-by-State Guide to Industrial Manslaughter Law is available here.

Camillo Builders Pty Ltd and Max Scaff Pty Ltd, both construction companies, have been charged with two breaches of section 23(1) of the OHS Act for failing to:

  • Prevent or correct any unauthorised alterations or interference with the scaffolding in violation of Occupational Health and Safety Regulations regulation 105(b).
  • Ensure, to the greatest extent possible, that persons other than its own employees were not exposed to health and safety risks as a result of its undertaking’s conduct.
  • Camillo Builders has also been charged under section 26(1) of the OHS Act for failing to provide a safe working environment free of health risks insofar as it was reasonably practicable.

Both cases have been scheduled for a filing hearing at the Melbourne Magistrates’ Court on August 16, 2022.

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Disclaimer:

The information in this post is strictly for informational and educational purposes only and should not be construed as legal advice. It is not intended to express specific opinions about specific cases. Before acting on any of the issues discussed in this post, seek additional advice. The information provided should not be relied on for any purpose other than to assist you to understand how Workers’ Compensation insurance works. It is for illustrative purposes only and My WorkCover Solutions Pty Ltd does not accept liability for any loss or damage suffered by any person resulting in any way from the use of or reliance on, the information provided. The information in this article is believed to be correct as of the date of publication. However, changes in the applicable laws may have an impact on the accuracy of the material. This article contains general information that is not tailored to any specific person’s situation. This publication may contain information that relates to the regulation of Workers’ Compensation insurance in your State or Territory. To ensure you comply with your legal obligations, we would recommend you refer to the appropriate legislation as currently in force in the State or Territory you conduct your business. You can find up-to-date legislation by visiting each state’s WorkCover Authority website, alternatively contact myWorkCover for updated information.