Workplace manslaughter fine more than doubled to $3 million on appeal

First conviction for workplace manslaughter in Victoria: LH Holding Pty Ltd was the first company convicted under the new workplace manslaughter offence introduced in Victoria.
Incident: A 25-year-old subcontractor was killed when a forklift, operated improperly by the company’s sole proprietor, toppled and fell on him.
Original penalty: The company was initially fined $1.3 million.
Appeal and increased penalty: The Victorian DPP appealed the sentence as “manifestly inadequate.” The Victorian Court of Appeal increased the fine to $3 million.
Court findings: The trial judge gave too much weight to the company’s limited financial means and not enough to the seriousness of the offence and need for general deterrence.
Mr Hanna’s sentence: The sole proprietor was personally convicted but avoided prison, receiving a community-based sentence. The DPP’s appeal against his sentence was unsuccessful.
A WorkSafe investigation found it was reasonably practicable for the company to reduce the risk of serious injury or death by ensuring that the forklift was driven with the load as low to the ground as possible; driven in reverse down any slope or incline; only operated when other people were at a safe distance; and not driven across or turned on any slope or incline.

Precedent-setting case: This judgment will shape future workplace manslaughter prosecutions across Australia.
General deterrence is key: Courts are prioritising deterrence over company financial hardship in sentencing.
Heavy penalties are likely: Fines will reflect the seriousness of the offence, even if they are beyond a company’s ability to pay.
Compliance is critical: All businesses—regardless of size or financial situation—must comply with OHS/WHS obligations and take proactive steps to manage workplace risks.

Risk prevention through proactive testing: Advance Diagnostics offers comprehensive drug and alcohol screening solutions to help employers identify and manage risks before they lead to serious incidents.
Workplace policy support: We help organisations implement and maintain robust drug and alcohol policies, aligned with their legal duties under health and safety legislation.
On-site and mobile testing: Our portable, reliable testing tools make it easy to carry out regular or random screenings across worksites, reducing impairment-related risk.
Training and education: We provide certified training programmes to upskill staff and managers in recognising, responding to, and preventing drug and alcohol-related risks.
Documentation and audit readiness: Our solutions support documentation for OHS compliance, investigations, and audit preparedness—critical in demonstrating due diligence.

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