Work health and safety: Directors due diligence

  • Officer found guilty, released on appeal.
  • Officer charged to stand trial.
  • Officer sentenced to 18 months imprisonment.

health and safety in hands

Sentence of imprisonment overturned

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 s 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.

However, Mr Lavin's company did not erect edge protection but provided a system of using a scissor lift to provide edge protection together with the use of harnesses and lanyards. At the time of the incident, the worker was not wearing a harness and the scissor lift was not located in the fall area.

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