The Victorian Supreme Court has more than doubled its fine against a stonemasonry company which appealed an initial fine of AUD1.3 million for the death of a man who died when a forklift tipped over and landed on him.

LH Holding Management Pty Ltd, trading as Universal Stone and Marble, was handed the initial fine in February 2024 after pleading guilty to a single charge of engaging in negligent conduct that constituted a breach of a duty owed to another person and caused their death.

In October 2021, 25-year-old subcontractor Michael Tsahrelias died after a forklift with a raised load, being operated by the company's sole director Laith Hanna, tipped off a sloping driveway.

Following an appeal, the Victorian Supreme Court set aside the company's original fine and ordered it to pay a fine of AUD3 million. 

An appeal against Hanna’s original sentence of being placed on a two year Community Corrections Order was dismissed by the court.

“A WorkSafe investigation found it was reasonably practicable for the company to reduce the risk of serious injury or death,” WorkSafe Victoria states. “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.”

WorkSafe Executive Director of Health and Safety Sam Jenkin said the decision made it clear that workplace manslaughter was a serious criminal offence with severe consequences.

“This young man's death was a completely preventable tragedy – one entirely caused by the employer's negligence and complete disregard for basic health and safety obligations,” Jenkin continues.

“While no penalty will ever make up for a life lost, today's decision reinforces that WorkSafe – and the courts – will hold negligent employers accountable when they fail in their ultimate responsibility to protect the lives of their workers.”