Director Mark Thomas Withers' minimum eight months of jail time is Australia's longest period of imprisonment for a workplace health and safety offence.
In March 2020, two employees of MT Sheds (WA) Pty Ltd (MT Sheds) were installing the roof sheets of a shed when a sudden gust of wind lifted a sheet, knocking them from the roof. Jake Williams, 25, fell nine metres and sustained fatal injuries. Fraser Pinchin, 21, fell seven metres and sustained several fractures.
MT Sheds and Mr Withers both pleaded guilty to gross negligence under Western Australia's Occupational Safety and Health Act 1984 as well as to lesser infringements relating to the absence of licences and training certificates.
The workers had not been given safety harnesses nor were they sufficiently trained to work at heights. Esperance Magistrates Court heard that Mr Withers had been building sheds for 20 years and was 'well aware of the risks'. WorkSafe WA determined there had been a 'knowing acceptance of the danger'.
MT Sheds was fined a total of $605,000, the highest of its kind in the State. As well as his prison sentence, Mr Withers was fined $2,250 for operating a crane without a licence.
WorkSafe WA hopes that the tragic incident and the record penalties will serve as a deterrent for companies considering safety shortcuts.
If you require further information or have any queries in relation to this legal update, please contact Matthew Smith.
We would like to acknowledge the contributions of Lachlan Thomas to this article.
