
Workplace Safety Consultants: Building a Safer and More Productive Victorian Workplace
December 4, 2025
Mullaney v Qube Ports: The Evidentiary Burden of Reasonable Adjustments in Disability Claims
December 20, 2025On 15 June 2023, Hamiora Sharland, 16 years old, died at TLC Surface Treatment in Welshpool, Perth, when a 425-kilogramme steel beam fell whilst he was working beneath it. The incident represents a critical failure in workplace safety management and provides essential lessons for every organisation handling suspended loads.

What Happened
Hamiora was tasked with moving a suspended steel beam using an overhead monorail system. The S hooks holding the beam deformed under load. The beam fell, causing fatal injuries.
WorkSafe WA’s investigation revealed systemic failures:
- Lifting devices were selected without documentation or engineering assessment
- Load weights were estimated visually, not calculated
- S-hooks lacked documented working load limits
- No formal risk assessments or safe work method statements existed
A Prohibition Notice issued in March 2021 (prohibiting work under suspended loads) had been disregarded
In October 2025, the Perth Magistrates Court imposed a $975,000 fine the largest workplace safety penalty in Western Australian history.
Lets analyse the case the failings.
The Legal Framework Workplace Safety
Under the Work Health and Safety Act 2012 (WA), organisations must:
- Conduct thorough risk assessments for all lifting operations
- Develop documented safe work procedures
- Ensure equipment has verified load capacity documentation
- Comply with regulatory notices within specified timeframes
- Provide appropriate supervision and worker training
TLC Surface Treatment breached all of these obligations.
This case demonstrates that regulatory compliance is not optional. A Prohibition Notice is not a suggestion – it is a legal directive requiring immediate action.
Critical takeaways:
- Risk assessments must be specific and current. Generic procedures are insufficient for high-consequence hazards.
- Equipment must be documented. Every lifting device requires verified load capacity, maintenance records, and inspection certificates.
- Compliance notices require immediate response. Delaying or ignoring regulatory directions creates liability and risk.
- Supervision matters. Workers performing high-risk tasks require competent oversight.
- Young workers need additional protection. Apprentices and early-career workers require enhanced safety briefing and monitoring.
Responsibility and Accountability
The fine imposed on TLC Surface Treatment reflects corporate accountability. However, the incident also raises important questions about individual responsibility – both for safety professionals who design systems and for managers who enforce compliance.
Organisations operate through people. When safety systems fail catastrophically, it’s typically because:
- Risk assessments were inadequate or not conducted
- Regulatory notices were not actioned
- Supervision was insufficient
- Safety procedures were not enforced
- Workers received inadequate instruction
Each of these represents a breakdown at the individual level—by safety professionals, managers, or supervisors.
Corporate accountability alone is insufficient. Individual professionals responsible for safety decisions must also understand their personal obligations under the law and the consequences of failure.
Moving Forward
Hamiora Sharland’s death was preventable. A regulatory warning existed. The hazard was known. The systems to control it were available.
What was missing was implementation and enforcement—decisions made by people.
For every organisation:
- Treat regulatory notices as immediate priorities, not administrative tasks
- Conduct robust risk assessments before authorising any work at heights or with suspended loads
- Verify that all equipment documentation is current and accessible
- Ensure supervision is proportionate to hazard level
- Provide enhanced safety briefing for young or inexperienced workers
- Create a culture where safety concerns can be raised without fear
Hamiora Sharland deserved to come home from work. He didn’t. Learn from what happened so other young workers can.
Case Reference: TLC Surface Treatment Pty Ltd, Perth Magistrates Court, October 2025
Links:
https://worksafe.wa.gov.au/announcements/record-975000-fine-over-death-of-16-year-old-worker
https://worksafe.wa.gov.au/announcements/record-975000-fine-over-death-of-16-year-old-worker
https://worksafe.wa.gov.au/complying-improvement-notice
https://worksafe.wa.gov.au/young-workers
https://www.abc.net.au/news/2025-10-24/tlc-surface-treatment-fined-almost-1m-over-workplace-death/105932674
About the Author
Aiden Nawaz
WHS Consultant & Safety Auditor | HSE Direct
Aiden Nawaz holds a Bachelor of Laws (LLB) and a Master of Occupational Health & Safety, and is a certified ISO 45001 Lead Auditor. With hands-on experience across construction, mining, and renewable energy sectors in Australia, Aiden specialises in WHS management systems, compliance auditing, incident investigation, and contractor safety management.
Sydney, NSW | HSE Direct
Credentials & Affiliations:
Bachelor of Laws (LLB)
Master of Occupational Health & Safety
ISO 45001 Lead Auditor
ICAM Lead Investigator
Member of Various Organisations
High-Risk Work | Construction & Mining Safety Specialist
This article is intended as general WHS guidance only and does not constitute legal advice. For site-specific compliance support, contact HSE Direct.
Last reviewed: April 2026
