Media Release: Metal Manufactures Pty Ltd and Transport Canberra and City Services Convicted of WHS Offences

7 August 2024

Today, the ACT Industrial Court Magistrate handed down sentences for three serious breaches of Work Health and Safety Legislation culminating in a total of $757,500 in fines.

WHS Commissioner Jacqueline Agius says this is the result of the hard work of WorkSafe ACT’s inspectors and investigations team and a clear signal to those failing to meet their WHS obligations in the Territory.

“Today, successful prosecutions were finalised against an individual, a business, and an ACT government directorate.”

“This is the culmination of a tremendous effort by our dedicated inspectors and investigators. These outcomes reaffirm WorkSafe ACT's intent to regulate all workplaces and hold anyone who fails to fulfil their WHS duties accountable.”

Metal Manufactures Pty Ltd sentencing

Metal Manufactures Pty Ltd was today convicted of a Category 2 offence with a $375,000 fine plus costs being imposed by the ACT Industrial Court Magistrate. Site manager, Jack Platt, was also convicted of a Category 2 offence, receiving a $7,500 fine plus costs.

In June 2024, Metal Manufactures Pty Ltd and Mr Platt pleaded guilty to charges laid against them, arising from an incident that caused the serious injury of a young worker. In January 2022, the worker, a salesperson for the business, was using an electric cable winding machine to cut cables into shorter lengths for delivery. As the worker was winding the cable it became jammed, causing the cable racking to fall forward on top of them, resulting in serious injury. WorkSafe ACT's investigation of the matter revealed that the cable racking had not been secured to the floor.

Commissioner Agius was pleased to see that the convictions and penalties in this matter reflected the failures on the part of both the business and the manager responsible.

“Today’s sentencing sends a clear message to persons conducting a business or undertaking and, in this instance, a manager. You must comply with your work health and safety obligations, or you will be personally held to account. It is encouraging to see our Courts appropriately penalising both the business and an individual responsible for these breaches.”

Transport Canberra and City Services sentencing

Today, the Territory, with Transport Canberra and City Services being the responsible agency, was convicted in the Industrial Magistrates Court of a category 2 offence under the Work Health and Safety Act 2011. The Court imposed a $375,000 fine.

The Territory pleaded guilty to a charge laid against it for the serious workplace injury to the worker at its Belconnen Bus Depot. On 3 November 2021, workers were performing a maintenance task on the kingpins of the steering mechanism of a public passenger bus when a worker was crushed in a wheel well  of the bus. The worker suffered severe injuries which have prevented their return to pre-injury work.

In keeping with the enforcement, engagement, and education approach to improving safety and compliance within the ACT Public Service, WorkSafe ACT today reiterated its commitment to holding public sector duty holders to account.

“This is the first successful prosecution of its kind in the ACT, with the Territory being convicted of a serious offence against the WHS laws. WorkSafe ACT will continue to focus on investigating failures of safety systems that put workers at risk.”

“We take a strong regulatory approach to health and safety. A safe and healthy workplace is a fundamental right for all workers at all workplaces, whether in the public or private sector. WorkSafe ACT inspectors are enforcing compliance with the law in all workplaces every day. Where safety is at risk, our inspectors will be there.”

The cost of WHS injuries

Commissioner Agius says that circumstances like those described today in court reaffirm WorkSafe ACT’s commitment to the safety of all workers.

“While we celebrate the outcomes in court today, we have to remember that incidents like these are tragic, life altering and entirely preventable.”

“WorkSafe ACT will continue its efforts to ensure duty holders are held accountable for failing to fulfil their WHS duties.”

“When businesses fail to discharge their duties, particularly in relation to young workers at the beginning of their career, it shows a disregard for all of their workers. Safety must always be the number one priority in every workplace, at all times. Everyone deserves to come home safely.”

Statement ends.