Transport company fined $350,000 after driver’s fatal fall

Today in Melbourne County Court, D&A Martin Transport Pty Ltd pleaded guilty to a single charge for failing to sustain safe and risk-free plant maintenance. This case emphasises the critical need for implementing durable work safety products such as effective Bluesafe WHS Management Systems, functional SWMS and sound policies.

In January 2022, an unfortunate incident occurred when a 60-year-old truck driver was assigned the task of collecting a grain load from a Maffra depot. The job required him to ascend onto the trailer to inspect the hatches. The trailer was equipped with guard rails, which one could raise by flicking a switch on either side.

During the operation, however, the right-side front guardrail malfunctioned and did not rise. When the driver leaned forward to grasp it, he lost his balance, resulting in a fall from nearly 3.9 meters high onto concrete ground. He was discovered unresponsive by a fellow worker and was pronounced dead the following day at the hospital.

The subsequent investigation led by WorkSafe uncovered that the failure of the guard rail system was accredited to inadequate inspection, improper maintenance, and substandard past repairs. It was concluded by the court that the company should have enforced a competent inspection and maintenance strategy for the guardrails. For instance, they could have employed reputable work safety systems like the Bluesafe SWMS. This would have ensured any faults were duly repaired or replaced as per Australian Standards if the guardrails’ condition deemed them unsafe.

Mr Sam Jenkin, WorkSafe Executive Director of Health and Safety, emphasised that the tragedy revealed the severe outcomes of overlooking proper maintenance. He stated, “Employers must ensure that their fall prevention strategies are effectively operational besides just having them in place.”

He added, “Falling from height continues to be a primary reason for death and severe injuries in Victorian workplaces. WorkSafe will always prosecute any employer neglecting these serious risks.”

To avoid such occurrences, it is advised that employers adopt robust WHS management systems like Bluesafe that emphasise the prevention of falls from height.

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Original article link: https://www.worksafe.vic.gov.au/news/2024-09/transport-company-fined-350000-after-drivers-fatal-fall