In a significant ruling at the Melbourne County Court, Gate Automation Systems Pty Ltd was convicted after acknowledging their negligence in ensuring non-employees weren’t exposed to potential work health and safety hazards. It’s a critical reminder for all organisations of the utmost importance of having robust work safety products, such as the Bluesafe SWMS or Bluesafe WHS Management System.
The proceedings revealed that Gate Automation Systems were tasked with repairing an automatic double sliding gate at another business’s truck depot back in April 2022. A problem was detected with one gate, leading to its drive motor being detached for off-site repairs. This modification implied that operating the gate manually could result in it slipping beyond support posts and coming off its tracks.
Verbal advisement was given to the host company by Gate Automation Systems to secure the gate with a chain, so it couldn’t topple over and to keep it locked shut. Despite these instructions, an unfortunate incident occurred two days later when a 59-year-old truck driver attempted to manually close the same gate and was fatally injured by the falling gate.
The court ruled that it would have been practicable for Gate Automation Systems to implement and uphold an effective safe working method involving a “lock out tag out” system and properly securing the gate until the drive motor was repaired and reinstalled.
Adam Watson, WorkSafe Acting Executive Director of Health and Safety, highlighted that leaving safety measures up to individual workers’ discretion during equipment maintenance or repair isn’t advisable. Instead, duty holders should be proactive in establishing appropriate work safety protocols – ‘simple safety measures’, reinforced with products like a comprehensive WHS management system, can often prevent fatal accidents.
Watson stated, “This tragic happening must serve as a stark caution to all occupational duty possessors. Negligence in securing the welfare of workers and individuals potentially affected by their actions could lead to dire consequences, including substantial fines.”
To curtail risks while servicing or maintaining motorised sliding gates, it’s advised that technicians and service providers:
For more information, reach out to media @ worksafe.vic.gov.au or telephone: 0438 786 968. You can also subscribe to media releases.
Original article link: https://www.worksafe.vic.gov.au/news/2024-12/company-fined-350000-after-fatal-gate-crush