Metal Manufactures fined almost $400,000 for 'easily avoided' workplace safety failure

A company and site manager have been fined almost $400,000 after their workplace safety failure which could have been “so easily avoided” resulted in a young worker receiving significant injuries.

When Metal Manufactures Pty Ltd moved its TLE Electrical outlet to a different premises in Belconnen over late 2021 and early 2022, employees set up three-metre tall racking and placed drums of cables on it weighing several hundred kilograms.

But the racking was not installed to the Australian standard, nor in line with the manufacturer’s recommendations or the company’s own policies. Importantly, it was not anchored to the floor.

On 12 January 2022, 21-year-old worker Jesse was serving a customer when the unsecured cable rack fell onto his head. It forced his head to hit a machine.

He was taken to hospital for surgery with significant injuries, including three skull fractures and cuts to his scalp and lip.

Jesse’s mother, Jacqueline Sweeting, previously told the ACT Industrial Court her son was “almost unrecognisable” after the incident.

Magistrate James Lawton said her statement indicated that not only had the incident caused Jesse significant and severe physical and mental injuries, but it had enduring impacts on his livelihood.

On Wednesday (7 August), Metal Manufactures, which operates TLE Electrical Belconnen, and the workplace’s site manager Jack Platt were convicted of failing to comply with a health and safety duty risking death or serious injury, after previously pleading guilty.

Magistrate Lawton said Metal Manufactures was a large company that supplied electrical, data and communications, solar, lighting and associated electrical components. It operated about 400 sites across Australia.

As site manager, Platt was responsible for site safety as well as staff training.

“The risk of a worker being seriously injured or killed by the falling of unsecured racking and cable drums was known to both defendants and was reasonably foreseeable,” Magistrate Lawton said.

“The step which ought to have been taken would not have been complex, burdensome nor mildly inconvenient. In fact, the step which ought to have been taken was known to the defendants and was part of the standard installation procedure for racks of this kind.

“Simply put, the risk could have been eliminated by not loading the cable reels onto the rack at all until the rack was properly anchored. The risk was obvious and it could have been so easily avoided.”

He said neither defendants had prior convictions and noted how Metal Manufactures had taken significant steps after the incident to rectify its failures.

Metal Manufactures was fined $375,000 and ordered to pay $35,000 in legal costs. Platt was fined $7500 and ordered to pay $10,000 in legal costs.

Speaking to media after the sentencing, Ms Sweeting said Magistrate Lawton had previously said the risk was known, but nothing was done about it.

“Clearly, as a parent whose son was so severely injured, that is frustrating, but it’s terrific to hear the accountability and the acknowledgement that workplace health and safety still has a long way to go with all Australians,” she said.

“It’s taken a long time, but overall I’m happy with the outcome.”

Ms Sweeting said there were 195 Australians killed by workplace injuries in 2022.

“Most Australians may be surprised by these figures. But we just cannot allow complacency or apathy to creep into workplace health and safety,” she said.

“Every Australian deserves a healthy and safe workplace.”

She said Jesse was now 23, had moved into a different profession and was “getting on with life”.

“All we can ever do from an incident like this is move forward,” she said.

Work Health and Safety Commissioner Jacqueline Agius said she was pleased to see the penalties reflected the failures on the part of the business and manager responsible.

“Today’s sentencing sends a clear message to persons conducting a business or undertaking and, in this instance, a manager,” she said.

“You must comply with your work health and safety obligations, or you will be personally held to account.

“It is encouraging to see our courts appropriately penalising both the business and an individual responsible for these breaches.”