In February 2024, LH Holding Management Pty Ltd, otherwise known as Universal Stone and Marble, was subject to a penalty of AUD $1.3 million from the Victorian Supreme Court due to misconduct that resulted in a fatal incident. This came after admitting guilt to a charge related to negligence in which they failed in their duty of care towards another individual, leading tragically to loss of life. Later in the proceedings, this judgement saw a considerable adjustment with the fine escalating to a significant AUD $3 million.
Alongside the company’s considerable penalisation, sole director Laith Hanna, aged 48, found himself convicted and subsequently bound to a two-year Community Corrections Order. His charge stemmed from a single admission of guilt wherein he, as an officer of the company, did not exercise sufficient care, resulting in the company being liable for workplace manslaughter.
The unfortunate incident occurred back in October 2021 where a youthful subcontractor, 25 years of age, tragically died following the tipping over of a forklift operated by Hanna. The load it was carrying was elevated and the event took place on a sloping driveway, which escalated the risk associated with operation, ultimately resulting in the vehicle falling atop the individual.
A WorkSafe investigation concluded that the company had ample opportunity and means to mitigate such hazards. Measures inclusive of operating the forklift with the load being held close to ground level; adopting reverse driving methods on slopes or inclines; ensuring safe distances maintained when operations are ongoing and avoiding driving on or making turns on slopes or inclined surfaces. Regrettably, negligence of the company was apparent, as LH Holding Management failed to apply these vital safety measures, demonstrating a lackadaisical approach to work safety, notably their Bluesafe WHS Management System and SWMS policies. Their conduct was significantly below the expected standard and given the high-risk nature of operations, posed a real threat to life and injury.
WorkSafe’s Executive Director of health and safety, Sam Jenkin, made it ominously clear how dreadfully serious negligence leading to workplace manslaughter is viewed by the justice system. “Such a tragedy could have been entirely avoided if only basic health and safety obligations were being met; the loss was due solely to employer negligence.” He continued by saying “Regardless of the harsh reality that no sentence can truly atone for life lost, it does, however, serve as a even stronger reminder of the ongoing commitment of WorkSafe – and indeed the courts – in holding employers accountable for their prime duty to protect their workforce.”
It is critically important that employers utilise mobile equipment such as forklifts responsibly, ensuring appropriate use of Bluesafe SWMS (Safe Work Method Statements) products and implementing sensible WHS management systems. Negligence in this regard not only puts themselves, but also their employees at unnecessary peril.
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Original article link: https://www.worksafe.vic.gov.au/news/2025-04/workplace-manslaughter-fine-more-doubled-3-million-appeal