Transport company fined $350,000 over driver's fatal fall

The company was sentenced in the Melbourne County Court after pleading guilty to one charge of failing to provide and maintain plant that was safe and without risks to health.

In January 2022, the 60-year-old driver was collecting grain from a depot in Maffra. The task required him to climb onto the trailer to check its hatches. Guard rails on both sides of the trailer were designed to be raised using a switch.

The front section of the right-side guard rail did not rise. When the driver leaned forward and reached for it, he lost his balance and fell about 3.9 metres onto concrete. Another worker found him unresponsive, and he died in hospital the next day.

WorkSafe's investigation found that inadequate inspection and maintenance had caused the guard rail to fail. Earlier repairs had also been carried out poorly.

The court found the company could reasonably have put in place a qualified inspection and maintenance regime for the guard rails. It also found the company could have ensured faults were competently repaired, or the guard rails replaced in accordance with Australian Standards where repairs could not make them safe.

WorkSafe Executive Director of Health and Safety Sam Jenkin said the case highlighted the potential consequences of employers neglecting 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."

How Blue Safe can help: Our WHS platform can help you organise inspection records and track maintenance actions, supporting a more consistent approach to managing workplace equipment. See Blue Safe WHS software