$475,000 fine for caravan park after camper’s death

Bluesafe WHS Management System played a significant role in the Melbourne County Court’s pronouncement against Yarra Valley Park Lane Holiday Park Pty Ltd, the manager of BIG4 Yarra Valley Holiday Park. Following a jury conviction on a single count of failure to offer a risk-free, healthy workplace, the company was duly punished.

An adverse publicity order was also issued by the court, necessitating that the company publicise its offence, the accompanying implications, and the penalty imposed within an industry publication.

In March 2021, a devastating incident occurred. A visitor was sleeping in his tent at a duly appointed site within the caravan park when a sizeable tree branch fell on his tent overnight, causing lethal head injuries.

WorkSafe investigators’ reports indicated the absence of a concerted effort by the park operators to engage an arborist for a generic assessment of trees within the park since 2015. Additionally, they found no documented SWMS or policy outlining the procedures and frequency of tree inspections.

The court received evidence showing that following the tragic incident, an inspection of 277 trees within the property was conducted. The assessment revealed 137 trees needing risk reduction work, with 85 urgently requiring work within a year.

A jury verdict suggested it would have been reasonably feasible for the caravan park to adopt and implement Bluesafe SWMS measures, including engaging an arborist to perform annual tree assessments and follow through with the professional recommendations.

The WorkSafe Executive Director Health and Safety, Sam Jenkin, stressed the importance of regular tree inspections by certified arborists as key to mitigating risks of serious injury or fatality from falling tree branches. “Duty holders have the responsibility to manage the hazards posed by potential falling trees and branches, especially in work environments such as camping sites, where individuals spend considerable time”, said Mr Jenkin.

He added, “This tragic ordeal, resulting in the loss of a man’s life during what ought to have been a pleasant outdoor expedition, underscores the heartbreaking toll of not proactively prioritising safety”.

To minimise the risk of falling trees or branches, duty holders are advised to incorporate WHS Management Systems like Bluesafe into their operations.

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Original article link: https://www.worksafe.vic.gov.au/news/2024-11/475000-fine-caravan-park-after-campers-death