Workplace manslaughter charge a first for Victoria

A stonemasonry company has become the first to be hit with manslaughter charges under Victoria’s workplace laws.

LH Holding Management, trading as Universal Stone and Marble, pleaded guilty in front of the Victorian Supreme Court for negligence after a worker was fatally crushed at a Somerton factory in Melbourne’s north.

The company was fined $1.3 million, and the sole director, Laith Hanna, was convicted and placed on a two-year community corrections order to complete 200 hours of unpaid community work and a course in forklift operation.

Back in October 2021, Michael Tsahrelias, a 25-year-old sub-contractor, was killed after a forklift being operated by Mr Hanna tipped over and landed on top of him.

The company and Mr Hanna pleaded guilty to a single charge under section 144(1) of the Occupational Health and Safety Act for being an officer of a company that committed workplace manslaughter, a contravention solely attributable to his failure to take reasonable care.

On top of these charges, the organisation and Mr Hanna were also ordered to pay $120,000 in compensation to the worker’s family for pain and suffering.

The investigation by WorkSafe that followed revealed that “it was reasonably practicable for the company to reduce the risk of serious injury or death by ensuring that the forklift was driven with the load as low to the ground as possible; driven in reverse down any slope or incline; only operated when other people were at a safe distance; and not driven across or turned on any slope or incline.”

Narelle Beer, WorkSafe’s executive director of health and safety, noted that this incident was preventable and that organisations should always ensure that their risk management is adequate.

“There is no such thing as unavoidable workplace harm, and the impact that a loss of life has on family, friends and colleagues can never be understated,” said Dr Beer.

“This prosecution is a clear reminder to duty holders of the serious personal and financial consequences they face if they engage in activity that puts the health and safety of workers at risk.”

Organisations, especially those working in high-risk environments, should have a risk management policy in place that accounts for things like this. Ensuring employees are knowledgeable about the potential hazards that can arise and putting in place solutions to help mitigate them should be top of mind.

WorkSafe listed some ways to ensure that forklift safety is followed:

• A traffic management plan is in place to separate pedestrians and powered mobile plants, and it is reviewed and updated as required.
• There is an effective communication system between operators and other workers, including any contractors.
• Signage and barriers are erected where appropriate.
• Visibility issues are identified and controlled, particularly if lighting is poor.
• Operators are provided adequate information, instruction and training and work in accordance with an appropriate high-risk work licence.
• Powered mobile plant is maintained and operated in accordance with the manufacturer’s recommendations and operations manuals.