A record fine of $1.3 million was imposed by the Victorian Supreme Court on Universal Stone and Marble, a sone masonry business, for engaging in negligent conduct that constituted a breach of a duty owed to another person and caused their death. The company’s director, Laith Hanna, also plead guilty to being an officer of a company that committed workplace manslaughter, a contravention solely attributable to his failure to take reasonable care. He was placed on a 2-year Community Corrections Order and both he and the business were ordered to pay $120,000 in compensation to the family.
The incident occurred in October 2021, when a 25-year-old was crushed by a forklift at a warehouse in Somerton. Mr Hanna had been driving the forklift and was attempting to move an A-frame rack when the forklift rolled on a slope. Mr Hanna told WorkSafe investigators that he shouted at the worker to get back as the forklift began to tilt, believing the worker was in a safe space. Unfortunately, that was not the case, and the worker was pinned under it and died.
In handing down the sentence, the judge said that Mr Hanna was engaging in behaviour that was a ‘very significant departure’ from normal forklift practices by operating the load 2 m above the ground and with people in an unsafe proximity. This meant that he was negligent as this fell short of the standard of care of a reasonable person in the situation.
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WorkSafe Victoria