Construction giant facing fines over Canberra construction site death

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Construction giant Multiplex and RAR Cranes are facing fines of up to $1.5 million over the death of a man at the University of Canberra public hospital building site.

Herman Holtz, 62, was killed when a mobile crane trying to move a ten-tonne generator toppled in 2016.

The crane driver, Michael Watts, 49, pleaded guilty to charges stemming from the accident in the ACT Supreme Court last year and received a 12-month suspended sentence.

Today, Multiplex and RAR Cranes pleaded guilty to one charge each relating to safety breaches surrounding Mr Holtz’s death.

Court documents released alongside the pleas showed Mr Watts knew the generator’s weight would push the crane to its limit, so he and another worker fitted a counterweight.

But the documents also showed the counterweight was fitted the wrong way round, which meant that the crane’s computers were showing wrong information.

Multiplex cranes
Construction giant Multiplex is one of two companies facing fines over the death of a man at a Canberra construction site in 2016. (ABC News)

Crane operating at 130 per cent capacity, documents say

According to the documents, Mr Watts told investigators he realised that the crane’s computer system was responding as if it were in “normal” lift mode, instead of “superlift” mode.

The crane’s manual also stated that the machine should not traverse angles of more than five degrees, but some areas on the path were significantly steeper.

When the load was raised, the generator was at an angle because of the way it had been secured, making the task more difficult, the documents said.

The accident occurred late in the day, and in fading light.

As the crane began to lift and shift the load, another worker used their car’s headlights to light the way, as several workers including Mr Holtz walked alongside the load to steady it.

It was later determined that, at the time the crane toppled, it was operating at 130 per cent of its capacity.

Today’s documents also showed that Mr Watts had failed to carry out a full risk assessment, or to record his decisions on the appropriate forms as required.

The Supreme Court of the ACT has unlimited jurisdiction within the territory in civil and serious criminal matters.
Michael Watts, 49, pleaded guilty to charges stemming from the accident and was given a 12-month suspended sentence in the ACT Supreme Court last year.(ABC News: Ian Cutmore)

Fines could total $1.5 million

Multiplex and RAR Cranes, along with three other individuals, were to face a hearing next month for safety duty breaches under the Work Health and Safety law.

However, Multiplex and RAR Cranes pleaded guilty to two charges today, which carry a maximum penalty of $1.5 million, after reaching a deal with the prosecution. 

The charges against the three individuals were dropped.

Multiplex will be sentenced next month.

RAR Cranes will face sentencing next year.

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