Companies fined $115,000 after rainwater tank crushes woman
27 Mar 2026•BlueSafe Team•Source: WorkSafe VIC
Two companies have been fined a total of $115,000 after a woman suffered serious injuries when a rainwater tank fell on her during a delivery to a Nelson property.
Australian Water Systems Pty Ltd (AWS) and Clark Tanks Transport Pty Ltd (CTT) were sentenced in the Mildura Magistrates’ Court after previously pleading guilty to offences under the Occupational Health and Safety Act. Neither company had a conviction recorded.
AWS received a $50,000 fine for failing to ensure a workplace it managed or controlled was safe and without risks to health. CTT was fined $65,000 for failing to protect people other than employees from health and safety risks, failing to notify WorkSafe immediately after an incident and failing to preserve the incident site. Each company was also ordered to pay $3,445 in costs.
The court heard AWS traded as Clark Tanks, sold polyethylene rainwater tanks and owned CTT, which delivered the tanks. In July 2023, CTT delivered a 23,639 litre tank to the Nelson property.
The customer and his wife were helping the driver push the tank off the back of the trailer when it became unstable and fell onto the woman. Her husband, the driver and two neighbours levered it off her. She suffered a fractured femur, crushed pelvis and ribs, three broken vertebrae and a punctured lung.
The court heard CTT could reasonably practicably have reduced or eliminated the risk of death or serious injury by establishing and enforcing an exclusion zone around the drop zone during unloading. AWS could reasonably practicably have reduced the risk by developing policies and procedures requiring an exclusion zone and ensuring CTT followed them.
WorkSafe Chief Health and Safety Officer Sam Jenkin said safety controls were essential during loading and unloading at work sites and deliveries in the community.
“Loading and unloading from trucks can involve a number of hazards, including risks to other people in the vicinity, so it’s crucial that operators and companies develop and follow procedures to control the risks,” Mr Jenkin said.
“Tragically, in this case the failure to set up and enforce an exclusion zone to keep people away from the drop zone of a large, unwieldy and heavy tank, has left a member of the public with life-changing injuries.”
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