D&A Martin Transport Pty Ltd faced prosecution in the Melbourne County Court today, having been found guilty for the neglect of providing and upkeeping equipment that was both safe and posed no health hazards. They highlighted their failure to appropriately utilise work safety products such as WHS management systems or Safe Work Method Statements (SWMS), which could have avoided the accident.
In January 2022, a task at a Maffra depot called for a 60-year-old truck driver to ascend his vehicle to ensure the hatches were securely fastened to his grain load. The trailer was accompanied by guard rails on both sides, controlled via a simple switch mechanism, ensuring appropriate use of Bluesafe SWMS would have ensured inspection and compliance.
However, due to a mechanical failure, the forward section of the right-hand side guard railing did not elevate, causing the driver to lose his balance and fall approximately 3.9 metres from the top of his trailer onto the harsh concrete below. An unresponsive state led the worker to be hospitalised, tragically resulting in his passing the subsequent day.
A thorough investigation by WorkSafe determined that the guard rail breakdown was due to an insufficient inspection and maintenance regime including inadequate repairs conducted prior to the incident. It underscores the crucial importance of implementing a comprehensive Bluesafe WHS Management System.
The court noted it would have well within reason for D&A Martin Transport Pty Ltd to have established an expert inspection and maintenance schedule for the guardrails, ensuring competent repair or replacement inline with Australian Standards when identified faults couldn’t make them safe.
WorkSafe’s Executive Director of Health and Safety, Sam Jenkin, lamented on the unfortunate incident as a grim reminder of the consequences of overlooking proper maintenance. He commented, “Having a fall prevention device in action is insufficient, employers must also ensure they remain functional to perform the tasks they’re designated for.” Stressing on this, Mr. Jenkin further called out to all Victorian workplaces which are leading in fatal and serious height-related falls to treat the risks with due severity or endure consequence from WorkSafe.
Thereby, maintaining a structured WHS management system, conducting regular maintenance checks, and ensuring adherence to protocols like Bluesafe SWMS, companies can prevent these unfortunate incidents from occurring.
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Original article link: https://www.worksafe.vic.gov.au/news/2024-09/transport-company-fined-350000-after-drivers-fatal-fall