The Department of Justice has been fined $900,000 and ordered to pay $6,404 in costs after an employee was seriously injured when attacked by a dog that was intended to respond to critical incidents.
The Department pleaded guilty in the Armadale Magistrates Court to failing to provide and maintain a safe work environment and, by that failure, causing serious harm to an employee.
In a statement, the Department of Mines, Industry Regulation and Safety (DMIRS) said the fine was the highest penalty ever imposed for a breach of workplace safety and health laws in Western Australia, and it was the third time the Department of Justice had been convicted of breaches of these laws.
DMIRS said that, at Hakea Prison in December 2018, a Drug Detection Officer in the Drug Detection Unit was attempting to move one of two new dogs from its kennel for routine dog handling work.
“The dog suddenly latched onto the officer’s right forearm with its mouth and dragged him into the kennel, standing on its back legs and ignoring his ‘no’ command, which was given 10 to 15 times,” DMIRS said.
“It then latched onto the officer’s left wrist, inflicting serious damage, until he managed to get out of the kennel and lock the door,” it said.
“The officer suffered a fractured left arm and lacerations to both arms requiring more than 120 stitches.
“His left arm needed specialist treatment and required the insertion of screws and wires.
“He needed considerable ongoing treatment, including four surgeries.”
Commissioner for WorkSafe WA, Darren Kavanagh (pictured) said the Department of Justice had not assessed the risks involved in handling the type of dog involved in this incident.
“This was an aggressive animal that was intended to be trained in tactical support, use of force and riot control,” Mr Kavanagh said.
“The Department did not ensure the safety of employees required to work with these dogs.”
In his sentencing, Magistrate, Brian Mahon acknowledged the terrible injuries suffered by the officer and thanked him for the work he had done over 30 years as a diligent prison officer who took pride in his career.
Magistrate Mahon said there had been significant and fundamental failings and glaring errors by the Department of Justice and that a risk assessment might have stopped the systemic failures that led to this offence.
