In a strange case, a company which pleaded guilty to a charge under s23 of the Act (Duties of employers to other persons) has had its fine increased by almost 300 per cent, but its conviction set aside.
In May 2021, an incident at Arrow Worldwide Pty Ltd, a company providing warehousing, storage and transport services, resulted in a delivery truck driver being crushed by a load of steel beams. The driver was placed in an induced coma for a week and underwent 15 surgeries which ultimately resulted the amputation of both his legs. He was also diagnosed with having suffered a moderate traumatic brain injury.
A WorkSafe investigation determined that the company had failed to demarcate a driver safety zone to ensure that truck drivers were segregated from forklifts during the loading of vehicles. After pleading guilty to failing to provide a safe system of work and being convicted and fined $140,000, the company appealed on the basis that the recording of a conviction could adversely impact its economic well-being, including its ability to tender for new work.
The County Court set aside the orders of the Magistrates' Court and sentenced the offender to a fine of $413,050, without conviction.
Read more Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria