Five years after a Pyengana Dairy worker was killed, WorkSafe Tasmania has revealed it will refer the case to the Director of Public Prosecutions.
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Guy Clark died after he was electrocuted by a wrongly wired dishwasher at the farm's cafe on October 20, 2015.
A coronial investigation found a safety switch was not installed, the 56-year-old cook was not properly trained by his employer, and the WorkSafe Tasmania investigation was "inadequate".
On Tuesday the Clark family received a letter from WorkSafe's acting chief executive Robyn Pearce confirming the file would be reviewed.
"In relation to the failure of the business to provide training and information, I have decided to refer the WorkSafe Tasmania investigation file to the Director of Public Prosecutions for review and a decision on whether there were failures in the duties owed by Pyengana to Guy that warrant prosecution," she wrote.
"Since Guy's death, WorkSafe Tasmania has implemented a new procedure that all workplace fatality investigation files are referred to the DPP for review to ensure prosecutable failures are identified and charges laid if warranted."
While the changes would not bring his brother back, Dennis Clark said it could save other families from enduring years of unnecessary pain.
"If it means workplaces are safer, and employers pay more attention to making sure people go home at night, then that is a good outcome," he said.
The Clark family has also thrown their support behind a push for industrial manslaughter laws in Tasmania.
"Industrial manslaughter laws coupled with sending investigations to the DPP would certainly put a bit more spine into workplace safety in Tassie," Mr Clark said.
While criminal charges relating to his brother's case would be considered, Mr Clark said it was not the overall goal for his family.
"We have been persistent, and we weren't going to let it rest, but our main guiding philosophy has been just that we don't want anyone else in the same boat."
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The WorkSafe letter also outlined the workplace safety regulator's plan to better support grieving families.
"We have identified that we need to make sure the families of deceased workers are better supported while we are undertaking our investigations. We are currently looking at the options for how this support may be provided," Ms Pearce said.
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Melissa Mobbs
A journalist with more than a decade of experience, Melissa Mobbs currently works as the Deputy Editor for The Examiner Newspaper in Launceston, and has a strong background in reporting on crime and the justice system. Send tips to Melissa.Mobbs@examiner.com.au or on Twitter via @melissamobbs.
A journalist with more than a decade of experience, Melissa Mobbs currently works as the Deputy Editor for The Examiner Newspaper in Launceston, and has a strong background in reporting on crime and the justice system. Send tips to Melissa.Mobbs@examiner.com.au or on Twitter via @melissamobbs.
