$90,000 fine for Cyclone George injuries

WorkSafe WA says that the conviction and $90,000 fine for Laing O'Rourke (BMC) over the injury of two workers during Cyclone George in 2007 sends a strong message to employers that workplace safety must be given a high priority.

In August, Justice John Murray set aside an earlier acquittal of Laing O'Rourke on two changers after WorkSafe launched a Supreme Court appeal.

On Friday, he convicted the company on the two charges for failing to provide and maintain a safe working environment to an employee and an employee of a contractor.

During the cyclone a donga broke free and two workers were injured.

Laing O'Rourke were undertaking track and bridge work as part of the construction of a rail line.

WorkSafe said that the company failed to provide adequate safety procedures to be followed during the event of a cyclone.

WorkSafe WA Commissioner Nina Lyhne said, "The result of this case should send a strong message to all employers that workplace safety and health should be given a high priority."

"It also underlines the fact that the responsibility for providing and maintaining a safe environment may extend to the employees of a contractor," she said.

Ms Lyhne warned that with the cyclone season imminent employers needed to have adequate plans and training in place to protect workers.

"The Bureau of Meteorology has forecast a higher than normal risk of a cyclone before this Christmas and a greater number of cyclones in the waters off the North-West coast this season, so the need for adequate preparation is crucial.

Laing O'Rourke is appealing the conviction in the Court of Appeal.

See statement from WorkSafe WA below:

Laing O'Rourke (BMC) Pty Ltd has been fined $90,000 on charges relating to the injury of two workers during Cyclone George in March 2007.

In August, His Honour Justice Murray set aside an earlier acquittal of Laing O'Rourke on two charges after WorkSafe launched an appeal in the Supreme Court.

The first charge was for failing to provide and maintain a safe working environment and, by that failure, causing serious harm to an employee when his donga broke free during Cyclone George.

The second charge was for failing to provide and maintain a safe working environment for an employee of contractor A B Reinforcing Pty Ltd in a matter over which Laing O'Rourke had control.

His Honour Justice Murray convicted Laing O'Rourke on the two charges, and handed down the penalty on Friday after considering sentence submissions from both parties.

Laing O'Rourke - who were undertaking track and bridge work as part of the construction of a rail line - failed to provide adequate safety procedures to be followed during the event of a cyclone for both their employees and employees of the contracting company.

WorkSafe WA Commissioner Nina Lyhne said today that the Supreme Court decision had been welcome.

"The result of this case should send a strong message to all employers that workplace safety and health should be given high priority," Ms Lyhne said.

"It also underlines the fact that the responsibility for providing and maintaining a safe environment may extend to the employees of a contractor.

"Cyclone season officially begins in less than a week, so this is a timely reminder that employers need to have adequate plans and provide adequate training to protect workers in the event of a cyclone.

"The Bureau of Meteorology has forecast a higher than normal risk of a cyclone before this Christmas and a greater number of cyclones in the waters off the North-West coast this season, so the need for adequate preparation is crucial.

"The events surrounding Cyclone George were tragic, and cases like this should serve as a warning to ensure that this type of tragedy never happens again."

Laing O'Rourke has appealed the conviction to the Court of Appeal.