The state's workplace safety watchdog says it will no longer pursue the contractors involved in the death of two workers during Cyclone George in 2007, but still has Fortescue Metals Group in its sights.
The state's workplace safety watchdog says it will no longer pursue the contractors involved in the death of two workers during Cyclone George in 2007, but still has Fortescue Metals Group in its sights.
WorkSafe today announced it would not appeal a decision that cleared construction company Lang O'Rourke of a conviction and $90,000 fine over the death of two workers when the cyclone ripped through Fortescue's rail construciton camp in 2007.
Acting WorkSafe commissioner Lex McCulloch said the decision was made not to appeal to the High Court because he believed the chances of winning were slim.
Lang O'Rourke was originally convicted on two charges for failing to provide and maintain a safe working environment to an employee and an employee of a contractor, after a donga broke free during Cyclone George, killing two workers and injuring others.
"Appeals to the High Court are usually only allowed when the matter is of national importance," Mr McCulloch said.
"This case clearly does not have application to the rest of the country, as it involves only WA legislation that will be replaced by new national laws next year.
"WorkSafe's prosecution policy requires that any legal action undertaken must have a reasonable prospect of success, and that reasonable prospect is not present in this case"
WorkSafe said in a statement today that charges against BGC Contracting, Spotless Pipes and Fittings and WorleyParsons would also be withdrawn, because of similarities with the Lang O'Rourke case.
The ruling means that none of the original charges over the deaths of the two workers during Cyclone George have stuck.
But Worksafe said it would continue to pursue charges against Fortescue Metals Group and its subsidiary, The Pilbara Infrastructure.
FMG and TPI were cleared of 18 charges over the incident in February, including failing to provide or maintain a safe environment.
Those charges were dismissed by Magistrate Joe Randazzo, who said FMG had reasonably relied on an expert's statement that the accommodation built could withstand a cyclone.
Mr McCulloch said the decision to appeal the ruling was because the FMG and TPI cases were based on a completely different set of facts to the Lang O'Rourke case.
"WorkSafe prosecuted FMG and TPI who set up the minesite, including the accommodation at the mine," he said.
WorkSafe also prosecuted BGC, Spotless P & F and WorleyParsons, who sent their workers to FMG and TPI's minesite and placed them in FMG and TPI's accommodation.
"Therefore, FMG and TPI are in a different situation to the other three companies."
