Record fine for safety breach by general manager

Date issued: 2012-01-05

The general manager of a construction company found guilty in one of Queensland’s biggest ever workplace safety prosecutions, has been fined $40,000.

Earlier this week, Mr Gerhard Zylowski was found guilty of failing to ensure that Bauer Foundations Australia Pty Ltd complied with the Workplace Health and Safety Act 1995 when a worker died after a 10.5 tonne counterweight on a Bauer BG28 piling rig fell on him in August 2009. The worker was preparing the rig for transportation.

The company was fined $200,000 in 2010 for failing to ensure the worker’s health and safety was not affected by the way it conducted its business or undertaking. The penalty was upheld despite two subsequent appeals.

Mr Zylowski was responsible for monitoring the implementation of the company’s safety management system and managing staff, including a human resources/occupational health and safety manager.

On Tuesday 13 December, 2011, the court heard Mr Zylowski did not exercise his managerial authority and responsibility to ensure:

· staff carried out competent risk assessments on possible hazards arising out of the task of de-rigging the piling rig;

· the company decided on appropriate control measures to manage the risk presented by the counterweight;

· the company had adequate systems in place to action the contents of emails it received prior to the incident. The emails warned of dangers presented by the counterweight; and

· staff at the yard where the incident occurred were adequately supervised, trained and instructed to prevent or minimise risks presented by the counterweight.

Industrial Magistrate, Mrs Wendy Cull, acknowledged Mr Zylowski was genuinely remorseful and was a man of good character. She said he had direct responsibility to maintain standards and the penalty reflected the seriousness of the offence. She also ordered Mr Zylowski pay the sum of $33,000.00 in costs. No conviction was recorded.

The prosecution was brought by Workplace Health and Safety Queensland, part of the Department of Justice and Attorney-General.

For more information visit the Workplace Health and Safety Queensland website, www.worksafe.qld.gov.au or call the WHS Infoline on 1300 369 915.

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