Forte Group Pty Ltd, a multi-million-dollar Melbourne property builder and developer, have avoided a fine after the site of a serious incident on one of their commercial construction sites in Campbellfield was disturbed before WorkSafe inspectors could attend.
The incident occurred in December 2022 when a worker, engaged by a labour hire company, was seriously injured by an excavator whilst unloading steel piles from a truck at the site.
The site supervisor of Forte Group was notified of the incident and attended the incident scene a short time later. Emergency services attended and WorkSafe inspectors attended two hours later. Before the inspectors arrived a contractor on the site moved the excavator, without Forte Group directing its movement. Forte Group’s site supervisor advised the inspectors upon arrival of the movement.
Although the movement did not impact the subsequent investigation, Forte Group had a positive duty to ensure that the site where a notifiable incident occurred was preserved.
When a notifiable incident (as defined at s.37 of the OHS Act) occurs, an employer is required to notify WorkSafe of the incident (s.38) and ensure that the site where the incident occurred is not disturbed (s.39) until an inspector arrives at site, or such other time as an inspector directs during the notification process.
Forte Group pleaded guilty to failure to preserve the incident site and was, without conviction, placed on an undertaking to be of good behaviour for a period of six months and to pay $1,500 to the court fund.
The maximum penalty at the time of the incident for a failure to preserve a notifiable incident site was approximately $55,000.
In February 2025 the Sentencing Advisory Council released a report to the Victorian Government making 12 recommendations for reform regarding the sentencing of OHS offences in Victoria. This included significantly increasing maximum penalties for breaching OHS duties in line with community expectations. The Victorian Government is yet to provide a response to this report.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria