Rainwater Tank Incident Sees Two Companies Fined $115,000

Two related companies have been ordered to pay a combined $115,000 in fines after a member of the public was crushed by a large rainwater tank during delivery, in a case that underscores the need for robust work health and safety (WHS) management systems and clear unloading procedures.

Australian Water Systems Pty Ltd (AWS) and Clark Tanks Transport Pty Ltd (CTT) were sentenced in the Mildura Magistrates’ Court after pleading guilty to multiple offences under the Occupational Health and Safety Act.

AWS was fined $50,000, without conviction, for failing to ensure that a workplace under its management or control was safe and without risks to health.

CTT received total fines of $65,000, also without conviction, for failing to ensure that non‑employees were not exposed to health and safety risks, failing to notify WorkSafe immediately after the incident, and failing to preserve the incident site as required.

Both companies were additionally ordered to pay $3,445 each in costs.

The court heard that AWS, trading as Clark Tanks, sells polyethylene rainwater tanks and owns CTT, which undertakes deliveries. In July 2023, CTT delivered a 23,639‑litre rainwater tank to a property in Nelson.

During unloading, the customer and his wife assisted the delivery driver to push the tank off the rear of the trailer. The tank became unstable and toppled, landing on the woman.

The driver, two neighbours and the woman’s husband managed to lever the tank off her. She sustained serious injuries, including a fractured femur, crushed pelvis and ribs, three fractured vertebrae and a punctured lung.

The court was told it was reasonably practicable for CTT to eliminate or significantly reduce the risk of death or serious injury by establishing and enforcing a clearly defined exclusion zone around the drop zone while unloading tanks.

It was also reasonably practicable for AWS to reduce the risk by developing and implementing policies and procedures that mandated an exclusion zone during unloading, and by ensuring CTT complied with those procedures. Such requirements are typically documented within a WHS management system and supported by Safe Work Method Statements (SWMS) for loading and unloading high‑risk items.

WorkSafe Chief Health and Safety Officer, Sam Jenkin, emphasised the importance of effective control measures during loading and unloading, both on formal worksites and when making 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.”

This incident serves as a reminder that employers and contractors undertaking loading and unloading activities must ensure that exclusion zones, safe systems of work and documented SWMS are in place and enforced, and that all workers and any assisting members of the public are kept out of danger areas at all times.