A multinational construction giant has been fined $150,000 after breaching its health and safety duty to a "much-loved" employee who was crushed by a crane on a Canberra worksite it controlled.
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Chief Magistrate Lorraine Walker imposed the penalty, plus a conviction, on Multiplex Constructions in the ACT Industrial Court on Friday afternoon.
She acknowledged the sentence was unlikely to bring any satisfaction to relatives of the deceased worker, Herman Holtz, whose family members filled one half of the public gallery.
One of them cried as Ms Walker read out lengthy sentencing remarks, detailing how Multiplex had failed to enforce safety procedures on the University of Canberra Hospital construction site in Bruce.
The company, which operates across six different countries, pleaded guilty last month to a charge of exposing Mr Holtz, 62, to the risk of death or serious injury by failing to comply with a health and safety duty.
That risk tragically eventuated in August 2016, when an overloaded crane tipped over and landed on Mr Holtz, killing him instantly, as driver Michael John Watts, 49, used the machine to move a 10.3-tonne generator.
This happened after Watts, who worked for subcontractor RAR Cranes, failed to fill out a site-specific risk assessment form before performing the ill-fated lift.
Ms Walker said this form, designed to prevent unsafe practices before they occurred, was a good safety measure Multiplex had put in place.
But in this case, a site supervisor employed by the corporation failed to ensure Watts followed the procedure and thereby removed a level of protection to which Mr Holtz should have been entitled.
"Even the best system is only effective if it is complied with and, in this case, it was not," Ms Walker said.
She added that it would not have been difficult for Multiplex to avoid the breach of its duty, but she was satisfied it was a one-off oversight on the part of a company that was otherwise "a good corporate citizen".
Ms Walker also noted Multiplex's genuine remorse over the episode, with the company having provided counselling, as well as financial and legal support, to Mr Holtz's family.
She ultimately found the company's offence was "far from the worst case" of its kind, but it was also certainly not a trivial example.
The $150,000 fine represented 10 per cent of the maximum penalty available to the court.
Outside court, Mr Holtz's family declined the opportunity to comment on the sentence.
Multiplex's executive director of operations, Don Aroney, was in court alongside another of the company's bosses.
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In a statement to The Canberra Times, he said Mr Holtz was "a much-loved employee, and his death was felt deeply across our business".
"We have acknowledged our part in this terrible event and sincerely apologise for those failings," Mr Aroney said.
"We extend our sympathies to Herman's family and remain committed to doing whatever we can to ensure a tragedy like this is not repeated."
ACT work health and safety commissioner Jacqueline Agius also offered her condolences.
"Every workplace fatality is heartbreaking and sends shockwaves through our community," she said in a statement.
"Every worker has the right to a safe workplace, and the right to return home safely at the end of their shift.
"Poor safety practices and culture in any workplace that put human life at risk will not be tolerated."
Watts, the crane driver, has previously been sentenced to a suspended 12-month jail term for engaging in reckless conduct that exposed Mr Holtz to the risk of death or serious injury.
RAR Cranes, which has pleaded guilty to the same charge as Multiplex, will be sentenced early next year.
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