A crane driver from Canberra has avoided jail time over the death of a fellow worker at a site in the nation’s capital in 2016.
Michael Watts appeared in the ACT Supreme Court and pleaded guilty to a work safety breach over the incident, during which he overrode an alarm on the 11-tonne crane he was operating, which rolled and killed Herman Holtz.
During the course of the investigation, it was found that there were several issues on the site, including poor lighting, substandard rigging and dangerous and uneven terrain for vehicles to operate on.
The case is significant because it is one of only two cases to prosecuted under industrial manslaughter laws as part of the WHS Act. The ACT was the first Australian state to implement the laws, which were introduced in 2004.
Originally, Mr Watts was charged with manslaughter, but the prosecution dropped the charge in favour of prosecuting under the WHS Act, which could have seen him spend up to five years behind bars.
Mr Watts was sentenced today to a one-year jail term, which was fully suspended after he entered a good behaviour order.
RAR Cranes and Multiplex Constructions, along with a number of directors have also been charged over the incident but are yet to face court.
Chief Justice Helen Murrell said that while Mr Watts was pressured to perform the lift, it did not absolve him of responsibility.
ACT Work Safety Commissioner Greg Jones explained that the outcome should serve as a strong reminder to PCBUs that safety should be the top priority at all times.
“Every supervisor, manager and director on any worksite must continually review and mitigate workplace risks,” he said.
“They need to ensure their workers understand and follow all safety systems and procedures so they can do their job safely.
“The consequences and penalties for failing to meet safety obligations and responsibilities are far too high to be complacent”.