Manslaughter and other charges laid following fatal worksite incident

Released 19/04/2018

Following an extensive investigation by WorkSafe ACT and ACT Policing significant charges have been laid in response to a fatal worksite incident which occurred in August 2016.

The charges include manslaughter (Crimes Act 1900) as well as a number of significant charges of reckless conduct and failure to comply with a health and safety duty through the Work Health and Safety Act (2011).

Charges have been laid on a number of operators, managers and supervisors who had responsibilities on the project.

The charges relate to an incident involving a mobile crane on the University of Canberra Hospital Construction site in Bruce (in Canberra’s north) on 4 August 2016. The Head Contractor on this project was Multiplex Constructions Pty Ltd and the subcontractor was RAR Cranes Pty Ltd.

At the time of the incident the crane was being used to move an 11 tonne generator on the site and during this move Mr Herman Holtz, 62, a worker at the site was killed.

Work Safety Commissioner Greg Jones said the extensive investigation into this incident gathered evidence that suggests significant and systemic failure to take into account the safety of the workers on the site.

“It is alleged that a number of people made several very poor decisions, repeatedly over a period of time, in undertaking that lift,” Mr Jones said.

“The evidence gathered under this investigation suggests that the risk of serious injury or death in what they were doing was obvious and readily apparent.

“However, despite the risks, they continued in their task which resulted in the mobile crane exceeding its design capabilities to such a degree that it overturned with tragic consequences.

“Based on the evidence obtained in relation to the circumstances surrounding this incident that resulted in the death of a person, a strong regulatory response is required and has been provided.”

Mr Jones said WorkSafe ACT, in close co-operation with ACT Policing, conducted an extensive and detailed investigation into the incident.

“The investigation was very complex and technical in parts,” he said.

“The brief of evidence was around 30,000 pages; included about 2000 photographs; had extensive video footage; used 3D computer modelling; and with nearly 150 witnesses potentially being identified.

“Based on the evidence obtained under this investigation, charges relating to the following alleged offences have been laid:

* Category 1: (reckless conduct. Penalty: individual $300,000 and/or five years imprisonment; duty holder $600,000 and/or five years imprisonment; corporation $3 million)
* Category 2: (failure to comply with a health and safety duty. Penalty: individual $150,000; duty holder $300,000; corporation $1.5 million).

“WorkSafe inspectors and ACT Policing worked diligently on this matter and we have kept the family of Mr Holtz informed. I personally informed them of the decision to lay charges this week and this remains a difficult time for the family and our thoughts remain with them.”

Mr Jones said that the range of charges reflected the shared responsibilities under the Work Health and Safety Act, from the boardroom to the workers conducting the activity.

“All workers, employers, their directors and managers, both on site and in the office, must ensure that safety is the number one priority,” he said.

“A failure to have systems in place to protect the safety of workers can result in a catastrophic injury and loss of life.

“I urge every employer and manager on any worksite in the ACT and beyond to continually review their attitude to safety and to check systems and procedures to ensure every reasonable and practical measure is in place to protect the safety of workers.

“Not only are good safety systems critical, activity must be carefully planned and all workers informed to make sure the safety systems are properly implemented.”

Mr Jones said the matter is currently before the courts and therefore no further comments will be made at this time.

- Statement ends -

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