Last week, SafeWork SA laid charges under the Occupational Health, Safety and Welfare Act 1986 in relation to a fatality that occurred at the Adelaide Desalination Plant site in July 2010.
On 16 July 2010, a 35 year old worker died in an industrial incident at the Adelaide Desalination Plant construction site when a steel beam being lifted by a crane fell and struck him.
Greens’ Industrial Relations Spokesperson and Chair of the Select Committee into the Desalination Project, Tammy Franks MLC has cautiously welcomed the laying of charges by SafeWork SA under the Occupational Health & Safety and Welfare Act 1986.
Franks has however expressed concern at the lengthy delay and the limited nature of the changes. “While I welcome the fact that there will at long last be a trial over this tragic and unfortunate death, the limited nature of the possible charges starkly highlights that South Australia still has inadequate industrial manslaughter laws.
“The Greens have long called for industrial manslaughter to be a crime and for responsible companies and individuals to face appropriate penalties for acts that result in the death of a person, whether a worker or not.
“The charges SafeWork SA has at their disposal carry a penalty of only $100,000 for an individual or $300,000 for a body corporate for a first offence,” she concluded.
SafeWork SA investigated the circumstances surrounding this incident, including all parties with potential responsibility for workplace safety.
SafeWork SA’s investigation has identified breaches of the Occupational Health, Safety and Welfare Act 1986.
On the advice of the Crown Solicitors Office, charges have now been laid against the alleged responsible entities: Ferro Con (SA) and its Responsible Officer.
The charges relate to breaches of:
- Occupational Health, Safety and Welfare Act 1986, section 19(1)
- Occupational Health, Safety and Welfare Act 1986, section 61(3) and 61(4)
The Industrial Relations Court has jurisdiction for all aspects relating to industrial offences and will determine the gravity and outcome of the charges for these alleged offences.