WorkSafe to appeal Fortescue decision

Western Australia's workplace safety watchdog says it will appeal the dismissal of charges against Fortescue Metals Group after a cyclone ripped through its rail construction camp in 2007, killing two workers.

FMG and its subsidiary, The Pilbara Infrastructure, faced a combined 18 charges over the incident, including failing to provide or maintain a safe environment.

All 18 charges were dismissed last month by Magistrate Joe Randazzo, who said FMG had reasonably relied on an expert's statement that the accommodation built could withstand a cyclone.

Acting WorkSafe WA commissioner Lex McCulloch said the decision had been made to appeal the Magistrate's decision to the Supreme Court.

"After careful consideration of the Magistrate's Reasons for Decision dated February 18, the option has been taken to appeal the decision of the Magistrate," Mr McCulloch said.

"WorkSafe will not make any further comment at this stage, as the matter remains before the courts."