Worksafe wins Cyclone George appeal

WorkSafe has successfully appealed the acquittal of charges against Laing O'Rourke (BMC) over the events surrounding Cyclone George in March 2007.

WorkSafe launched an appeal in the Supreme Court from a Magistrates Court decision last October to acquit Laing O'Rourke of two charges relating to the injury of two workers during Cyclone George.

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 in a matter over which Laing O'Rourke had control.

His Honour Justice Murray set aside the earlier acquittals and convicted Laing O'Rourke on the two charges, and will consider submissions before sentencing Laing O'Rourke.

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 was a welcome one.

"This decision sends 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.

"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."