Yarra Valley Park Lane Holiday Park Pty Ltd, that operated the BIG4 Yarra Valley Holiday Park, was sentenced in the Melbourne County Court on Friday after earlier being found guilty by a jury of a single charge of failing to ensure the workplace was safe and without risks to health.
The court also issued an adverse publicity order requiring the company to publicise the offence, its consequences and the penalty imposed in an industry publication.
In March 2021, the camper was inside his tent on a designated site at the caravan park when a large tree branch fell onto his tent during the night, causing fatal head injuries.
WorkSafe investigators found park operators had not engaged an arborist for a general assessment of trees in the park since 2015 and did not have in place a documented system for inspecting trees or a policy on how frequently they should be inspected.
The court heard an inspection of 277 trees at the park conducted after the fatal incident identified 137 trees requiring risk mitigation works, including 85 requiring works within a year.
A jury found it was reasonably practicable for the caravan park to reduce the risk of falling branches by engaging an arborist to complete annual tree assessments of trees at the site and following the arborist’s recommendations.
WorkSafe Executive Director Health and Safety Sam Jenkin said regular tree inspections by qualified arborists were critical to managing the risk that someone could be seriously injured or killed by a falling tree or branch.
“Duty holders must do all they can to manage the risk of falling trees and branches, particularly in workplaces where people spend large amounts of time, such as camp sites,” Mr Jenkin said.
“This terrible incident, in which a man has lost his life during what should have been an enjoyable outdoor experience, demonstrates the heartbreaking cost of not proactively prioritising safety.”
To reduce the risk of falling trees or branches, duty holders should:
- Consult with an arborist about the areas to be inspected, frequency, and which risk features should be escalated to an arborist.
- Develop and implement a system for inspecting all trees and branches at workplaces, in consultation with a qualified arborist.
- In addition to periodic arborist inspections, have a designated person regularly inspect all trees and branches at the workplace, including after severe weather.
- Engage an arborist to provide basic tree inspection training for workers tasked with inspecting trees.
- Provide workers with guidance material on tree and branch inspections, including a tree inspection checklist (developed in consultation with an arborist) to be used by workers conducting inspections.
- If an inspection identifies an unacceptable level of risk, exclude camping and other activities in the fall zone of tree or branch until the risk is addressed.
