Gate repair company fined $350,000 after truck driver's death

The company was sentenced in the Melbourne County Court on Thursday after pleading guilty to one charge of failing to ensure people other than its employees were not exposed to health and safety risks.

The court heard the company had been hired to repair automatic double sliding gates at another company's truck depot in April 2022. When problems were found with one gate, its drive motor was taken off-site for repair.

Without the motor, the gate could be moved manually past its support posts, allowing it to fall from its rails. Gate Automation Systems verbally advised the depot company to lock the gate closed and place a chain around it to prevent it from falling.

Two days later, a 59-year-old truck driver was leaving the depot when he tried to pull the gate closed manually. The gate fell and killed him.

It was reasonably practicable for Gate Automation Systems to have a system of work requiring its workers to lock out and tag out the gate and secure it with a chain. These measures would have prevented manual opening until the motor had been repaired and reinstalled.

WorkSafe Acting Executive Director of Health and Safety Adam Watson said leaving machinery and equipment safe during repairs or maintenance should not be a matter of worker discretion. "It is up to duty holders to ensure appropriate systems of work are in place and in this case some simple safety measures could have prevented a worker losing his life," Mr Watson said.

"This tragic incident should serve as a warning to all duty holders that failing to protect workers and others who could be affected by their actions can have horrific consequences and result in hefty fines."

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