D&A Martin Transport Pty Ltd was sentenced in the Melbourne County Court today after pleading guilty to a single charge of failing to provide and maintain plant that was safe and without risks to health.
In January 2022, the 60-year-old truck driver was collecting a load of grain at a Maffra depot, a task that required him to climb on top of the trailer to check the hatches.
Both sides of the trailer were fitted with guard rails which were raised by flicking a switch.
However, the front section of the right side guard rail failed to raise, so that when the driver reached out for it while leaning forward he overbalanced and fell about 3.9 metres from the top of the trailer to the concrete ground below.
He was found unresponsive by another worker and died in hospital the following day.
WorkSafe’s investigation found the guard rail failed due to a lack of inspection and maintenance and repairs that had previously been made were poorly done.
The court found it was reasonably practicable for the company to have implemented a qualified inspection and maintenance regime for the guardrails, and to have ensured any faults were competently repaired or the guardrails replaced in accordance with Australian Standards if repairs were not enough to make them safe.
WorkSafe Executive Director of Health and Safety Sam Jenkin said the case sadly highlighted the potential consequences when employers neglected proper maintenance.
“It is not enough for employers to have a fall prevention device in place, they must also make sure they are in good working order to do the job they have been designed to do,” Mr Jenkin said.
“Falls from height remain a leading cause of death and serious injury in Victorian workplaces and WorkSafe will take action against any employer that fails to take the risks seriously.”
To prevent falls from height employers should:
- Eliminate the risk by, where practicable, doing all or some of the work on the ground or from a solid construction.
- Use a passive fall prevention device such as scaffolds, perimeter screens, guardrails, safety mesh or elevating work platforms and ensure they are regularly inspected and maintained by a suitably qualified person.
- Use a positioning system, such as a travel-restraint system, to ensure employees work within a safe area.
- Use a fall arrest system, such as a harness, catch platform or safety nets, to limit the risk of injuries in the event of a fall.
- Use a fixed or portable ladder, or implement administrative controls.
