Wednesday, 11 March 2009

"John Holland" faces court over workplace fatality - Comcare

The CFMEU is calling for a greater focus on safety on construction sites
following the prosecution of a John Holland in a Federal Court hearing
in Queensland.

The construction giant is appearing in the Federal Court in Queensland
over the death of a worker at Dalrymple Bay Coal Terminal last year.

Mark McCallum, aged 34, died in May 2008 after being run over by
machinery. His foot had become trapped under wooden scaffolding planks
while moving pre-cast concrete decks.

“We want to see a full examination of this tragic case and justice delivered
to Mark McCallum’s family,” CFMEU National Safety Officer Martin Kingham
said. “We will be interested to see what comes out of this prosecution and
the approach taken by Comcare to the first fatality in the industry to be
dealt with under the Comcare scheme.

In some other recent cases, Comcare has reached an agreement with the
employer who was being prosecuted on the question of the appropriate
penalty which should apply. We question whether that is the right approach
or whether it is of much assistance to the Court. The question of penalty is
ultimately one for the Court to decide,” Kingham said.

John Holland is one of three companies to gain self-insurance licences under
the Commonwealth's Comcare workers' compensation scheme. “Until recently
a John Holland company was a finalist in the National Safe Work Australia
awards.

We thought that was insensitive to Mark McCallum’s family given that
John Holland was facing prosecution over his tragic death. We don’t think
Comcare’s support of the nomination was right either given the
circumstances. We have serious and ongoing concerns about the Comcare
system applying in our industry and the capacity of Comcare to regulate
OH&S in the construction industry,” Kingham added.

Ref: www.constructioncontractor.com.au

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