$1.3 Million Fine for the First Employer Convicted under Workplace Manslaughter Laws

A stonemasonry business has become the first to be convicted under Victoria’s Workplace Manslaughter laws since they were introduced in July 2020.  

LH Holding Management Pty Ltd, trading as Universal Stone and Marble, was sentenced in the Victorian Supreme Court in February. It pleaded guilty to a single charge of workplace manslaughter. 

The company was fined $1.3 million.  

The company’s sole director, Laith Hanna, was also convicted and sentenced to a two-year community corrections order, with conditions to complete 200 hours of community service and a forklift course.  

LH Holding and Mr Hanna was also ordered to jointly pay an additional $120,000 compensation to the worker’s family. 

What Happened? 

In October 2021, Mr Hanna was operating a forklift at the company factory. He loaded an overhead crane and drive across a sloped driveway. A subcontractor attempted to help stabilise the load, but the forklift tipped, crushing and killing the worker.  

LH Holding owed a duty to the worker to ensure a safe workplace under s 26 of the Occupational Health and Safety Act 2004. It breached that duty by failing to take the following reasonably practicable steps: 

  • Ensuring that the forklift was driven with the load as low to the ground as possible 

  • Ensuring that the forklift was driven in reverse down a slope or incline 

  • Ensuring that the forklift was only operated when other people were at a safe distance 

  • Ensuring that the forklift was not driven across or turned on a slope or incline 

The Act introduced workplace manslaughter provisions in 2020, and the company is the first to be convicted. 

"There is no such thing as unavoidable workplace harm and the impact that a loss of life has on family, friends and colleagues can never be understated” 

This prosecution is a clear reminder to duty holders of the serious personal and financial consequences they face if they engage in activity that puts the health and safety of workers at risk." 

– WorkSafe Executive Director of Health and Safety Narelle Beer 

Click below to learn more. 

What does this Mean for High-Risk Industries? 

WorkSafe is actively pursuing workplace manslaughter charges, and the potential consequences are significant.  

  • Do you understand where the operations of your business pose the most risk? 

  • Do you have up-to-date knowledge of the best practice in addressing those risks, including being aware of safety alerts issued by peak bodies? 

  • Do you have up-to-standard control measures, policies, and procedures in place? 

  • Do you regularly refresh your OHS training? 

  • Do you have systems for workers to report health and safety issues or risks? 

  • Do you have an incident response system in place, including how to deal with regulator investigations? 

  • Are the Board or other Executive staff aware of their potential obligations under the ‘officer liability provisions’ of the Occupational Health and Safety Act 2004? 

 
 

Stay Compliant with iSafe 

By participating in an iSafe Assessment, Certex will support you in reviewing the above points and protecting your workers. Our independent, qualified assessors will identify any gaps in your business to ensure you are compliant with your legal obligations. Reduce risk, increase revenue.  

Feel free to reach out any time.  

Alicja Gibert