Aland B & W Pty Ltd Convicted in Work Health and Safety Breach: A Case Summary

Introduction

In a recent case before the New South Wales District Court, Aland B & W Pty Ltd found itself facing serious charges related to a breach of work health and safety regulations. The case, brought forth by SafeWork NSW, sheds light on the importance of maintaining safe work environments and the legal consequences for failing to do so.

Background

The incident occurred on August 24, 2020, at a construction site in Edmundson Park, NSW, where Aland B & W Pty Ltd, a principal contractor, was overseeing the construction of residential units. Mohammad Hoque, an employee of GRD Group Pty Ltd, was injured when struck by a load being lifted by a crane. The lack of proper safety measures led to serious injuries including multiple fractures, torn rotator cuff, and lower back injuries.

As a disclosure I did write an article about a different offender in this same incident, Alex Meoushy (see Alex Meoushy fined $4,500 for tampering with a WHS crime scene), at the request of his wife I did consider the requests and removed photos of Alex. Further details came out in this case that supported my approach so I make no apology now that it has been an agreed fact in two seperate District Court matters that Mr Meoushy cancelled an ambulance for a worker that had sustained Multiple segmental fractures in his right 8th to 12th ribs; Haematuria; Torn rotator cuff which required surgical repair; Lower back injury.

Legal Proceedings

SafeWork NSW were represented by Barrister Darien Nagle who brought charges against Aland B & W Pty Ltd, represented by Barrister Rob Ranken, under the Work Health and Safety Act 2011 (NSW), s 32. The defendant pleaded guilty to the charges, acknowledging their failure to ensure a safe work environment as required by law.

Court's Decision

District Court Judge Strathdee handed down the verdict on February 20, 2024. Aland B & W Pty Ltd was convicted of the offense, with a fine of $225,000.00 imposed after a 25% reduction for pleading guilty. Additionally, 50% of the fine was ordered to be paid to the prosecutor, and the defendant was instructed to cover the prosecutor's costs amounting to $27,000.00.

Key Factors

The court considered various factors in determining the sentence, including the seriousness of the offense, mitigating and aggravating factors, the utility of the guilty plea, and the need for deterrence. The defendant's failure to establish proper exclusion zones around the crane, inadequate communication with workers, and lack of effective safety measures were critical in the court's decision.

Post-Incident Actions

Following the incident, Aland B & W Pty Ltd took corrective actions, including updating safety protocols, conducting training sessions, and implementing a consultation process with contractors to address safety concerns.

Conclusion

The case highlights the legal obligations of businesses to ensure the health and safety of workers in the workplace. Failure to comply with these obligations can lead to serious consequences, not only in terms of legal penalties but also in terms of human cost. It underscores the importance of proactive safety measures and ongoing vigilance in preventing workplace accidents.

The lenient sentence is hardly consistent with an incident that saw not only a lack of safety onsite, but a willingness to cover it up (from a worker co-ordinating rebuilding the collapsed scaffold, whilst delaying medical care for an injured worker). This lenient sentencing is largely because the defendant plead guilty, allegedly turned their safety around and is on the right path towards running their operations legally.

Lessons Learned

Employers must prioritize workplace safety by implementing robust safety protocols, providing adequate training, and fostering a culture of compliance. Regular risk assessments, effective communication, and continuous improvement are essential in mitigating hazards and ensuring the well-being of all workers.