Board members, business owners and senior managers can land themselves in hot water if they are unaware of their WHS obligations and don’t carry out the duties of an officer.
Peter Francis Colbert was sentenced to 12 years imprisonment for manslaughter in a widely publicised decision after Robert Brimson, a driver employed by Mr Colbert’s company, was killed in a truck accident in March 2014.
It is important to note that Mr Colbert was charged with involuntary manslaughter due to criminal negligence.
This is different to the personal penalties under the Work Health and Safety Act 2012, which carries a maximum of 5 years imprisonment and personal fines of up to $600,000.
The prosecution alleged Mr Colbert was repeatedly warned over several occasions of brake issues on the truck Mr Brimson was driving at the time of the accident and therefore his failure to have the brakes fixed was so reckless as to show a disregard for the life and safety of others. This inaction was a major contributing factor to Mr Brimson’s death. It is understood Mr Colbert will seek to appeal his conviction.
Board members, business owners, senior managers and supervisors have substantial duties under WHS legislation and this case now extends beyond personal liability to manslaughter should an individual’s behaviour be so reckless as to endanger life.
To help businesses manage this risk Business SA provides the following services:
- Training for Board members, senior managers and supervisors;
- Comprehensive workplace safety audits and detailed advice from our highly skilled consultants; and
- Our member only Business Advice Hotline to answer many workplace issues directly over the phone.
To find out more please contact (08) 8300 0000.