Guilty Plea in 2016 Workplace Death


Released 12/02/2020

In the ACT Supreme Court today Mr Michael Watts pleaded guilty to a high-level breach of work health and safety legislation following the August 2016 death of a worker which occurred at the University of Canberra Hospital site during its construction.

ACT Work Safety Commissioner Greg Jones said that this is the first outcome of the charges for seven persons and two companies that were laid in April 2018.

The nine parties were charged following a long and complex investigation that related to the tragic death of a worker that occurred while a mobile crane at the site was moving a large generator.

The driver of the crane, Mr Watts, pleaded guilty to a Category One offence under the Work Health Safety Act 2011.  Mr Watts had originally been charged with Manslaughter under the Crimes Act 1900 however, today he entered a plea of guilty, for reckless conduct failing to comply with a duty exposing persons to a risk of serious injury or death, a Category One offence under the Work Health and Safety Act 2011.

The matter has been set down for sentencing on 16 April 2020 in the ACT Supreme Court. The maximum penalty for an individual for such an offence is a fine up to $300,000 and five years’ imprisonment or both.

‘This significant prosecution sends a very strong message to the industry that safety must be the number one priority and all efforts must be made to keep workers safe’ Mr Jones said.

‘The consequences and penalties for failing to meet safety obligations and responsibilities are very substantial. All workers, employers, their managers and directors, both on site and in the office, must ensure that safety is their number one priority.

I urge every supervisor, manager and director on any worksite to continually review the risks at their workplaces and ensure that their safety systems and procedures mitigate the risks to protect their workers.  Supervisors must ensure that their workers understand the safety systems and procedures and ensure that they are being followed at all times.’

Mr Jones stated that WorkSafe will continue its strong approach to compliance and enforcement including pursuing the remaining charges relating to the University of Canberra Hospital construction fatality.

- Statement ends -

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