Longford — charges laid, but bosses get off

The Victorian WorkCover Authority last week charged Esso with 45 
offences relating to last year's Longford gas plant explosion which killed 
two workers.

The authority had a one-year time limit to lay charges under the 
Occupational Health and Safety Act, and met the deadline by just four days.

The Longford disaster, in which two workers were killed and a number 
injured, left Melbourne without gas for weeks, forcing businesses to close 
and lay off workers and disrupting life for many Melburnians.

Esso's submission to the Royal Commission into the explosion blamed an 
individual worker for the whole disaster, but the Commission absolved the 
worker of any blame and found that Esso had been negligent.

The concern now is that the death and injury of workers due to employer 
negligence on safety standards must not be simply dismissed with small fine 
paid by the company.

Employers, in any industry, not just Esso, should be held individually 
responsible, otherwise they will never take the pursuit of a safe workplace 
as seriously as they do the pursuit of profits.

Victorian Trades Hall Council (VTHC) OH&S Officer, Mark Towler, said, 
"There is more than the guilt of Esso on trial here. This case will test 
the whole approach of many corporations who seem to think that safety and 
managing safety is about paper systems and glossy corporate manuals.

"This case needs to test the notion of due diligence and the accountability 
of Boards and the most senior levels of corporate managers for their 
workplaces and their operations", said Mr Towler.

However, Esso management have not been charged with any offences that carry 
a jail sentence, such as manslaughter.

Esso faces a maximum fine of $9.35 million — a maximum of $250,000 for 
each of the 36 indictable offences and $40,000 for each of the nine less 
serious charges.

That is a maximum. Esso could end up being fined much less than $9 
million, which is peanuts for a multi-national company like Esso. A 
relatively small financial fine is effectively just writing off the death 
of two people as a debit item on the ledger.

Unions welcomed charges being laid against Esso, but were disappointed that 
Esso's management had not been charged individually. In fact, Esso's senior 
manager has left the country and returned to the United States.

"The number of offences, including indictable offences, that are alleged 
reflects the seriousness of Esso's failure", said Leigh Hubbard, VTHC 
Secretary.

"Esso's failure — not just to provide a safe place of work and safe 
systems of work, but also their failure to acknowledge their responsibility 
to their workers and to the Victorian community — will now be judged", 
said Mr Hubbard.

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