A Brisbane company director has been sentenced to jail over a serious workplace safety violation, marking a Queensland-first Workplace Health and Safety trial.
Yesterday, Gary Lavin and his company, Multi-Run Roofing, were found guilty of reckless conduct after a 62-year-old roofer tragically died at a worksite in 2014.
Workplace Safety Violation Leads to Legal Consequences
Whareheera Keepa Te Amo died after falling almost six metres off a roof at Wimmers soft drinks’ Cooroy factory in 2014.
The Cost of Ignoring Workplace Safety Violations
‘Motivated by Money’
After a week-long trial, Judge Glen Cash told the Maroochydore District Court that Mr. Lavin had been motivated by financial gain when he chose not to erect safety rails at the site. These safety measures could have saved Mr. Te Amo’s life.
Wimmers soft drinks co-owner, Peter Lavin, also of Lavin Constructions, had contracted the roofing job to Multi-Run Roofing. As a result, both brothers and their companies faced charges related to workplace safety violations.
The Verdict
After two days of deliberation, the jury delivered majority verdicts of guilty for Gary Lavin and his company. However, the jury was hung on Peter Lavin and Lavin Constructions’ involvement in the incident.
In handing down Gary Lavin’s sentence, Judge Cash emphasized that Mr. Lavin had tried to maximize profits by not paying for the safety rails, despite being paid $284,000 for the job, which included the cost of those essential safety measures.
During the trial, two witnesses testified that Mr. Lavin had said the rails were “too expensive.” The estimated cost of these rails was about $5,000.
“ You’ve shown a flagrant disregard for proper safety methods and were motivated by the desire to improve your and your company’s financial position,” Judge Cash stated.
Your conduct was so serious that you must serve a period of time in custody.”
Mr. Lavin and his workers had instead agreed on using safety harnesses and two scissor lifts. However, these safety measures were not used on the day of the incident.
Price of a Life
In a victim impact statement, Mr. Te Amo’s wife shared her grief:
He would call me four or five times a day to tell me he loved me; we did everything together. Now I don’t have anyone to hold me … all because it was too much to put up scaffolding. Was my husband’s life not worth that much?”
The couple had been married for 21 years and together for over 30.
Judge Cash acknowledged that Mr. Lavin was remorseful and had suffered as a result of the incident. He would not be renewing his roofing license.
Mr. Lavin had been in the industry for close to 50 years. He was sentenced to a one-year jail term, suspended after four months, and his company was fined $1 million, payable within six months.
Meanwhile, Peter Lavin and Lavin Constructions have been granted bail and will reappear in court in February on the remaining charges.
Photo: Peter Lavin pictured second from the left on a worksite. (Facebook: Wimmers Softdrinks)
Conclusion: The Importance of Preventing Workplace Safety Violations
This case serves as a crucial reminder that workplace safety violations have severe legal and financial consequences. Employers must prioritize safety measures, including proper training and protective equipment, to prevent tragedies like this from occurring.
Neglecting workplace safety not only puts lives at risk but also results in devastating financial and legal repercussions. The cost of implementing safety measures is minimal compared to the consequences of failing to do so. Companies must uphold strict safety protocols to ensure the well-being of their workers and avoid preventable workplace accidents.
For expert guidance on improving workplace safety compliance, visit CHD Partners.
