Towing company fined $275,000 in relation to truck driver’s death

A towing company was convicted and fined $275,000 over an incident in which an employee loading a boom crane onto a truck parked on a suburban road was struck and seriously injured by a van.

The employee died several days later in hospital.
  
the company, of Sunshine North, pleaded guilty to one charge of failing to provide a safe system of work, and one charge of failing to ensure that persons other than employees were not exposed to risks to their health and safety arising from the conduct of the employer’s undertaking. The company was also ordered to pay costs of $12,000.

The court heard that on August 5, 2015 the employee had arrived at an equipment hire company in Derbyshire St, Williamstown to collect a 20m long boom crane to transport to Tullamarine. He parked his prime mover in Derbyshire St and began the process of loading the crane onto the trailer.

Just before 5am, the employee was in the cage of the crane, in the middle of the road, when it was struck by a van driving along the street. The van driver was not injured, but the employee was seriously injured in the incident and died several days later.

It was dark and raining at the time of the incident, and there were no safety lights, traffic cones or warning measures in place to warn motorists of the crane being loaded onto the trailer. Illuminated lights at the rear of the trailer were obscured by its loading ramps and the street was a no standing zone. 

The court heard that the company operated a number of trucks which were used to transport mobile plant and equipment to different locations. Its drivers would often park in Derbyshire St.

It was told the company had exposed employees and road users to the risk of serious injury by failing to have a traffic management plan in place, and had failed to train its drivers to understand the risks associated with loading and unloading machinery on public roads.

For more information about traffic management planning contact ISOsafe on 1300 789 132, or email us at enquiries@isosafe.com.au

Fatal crash near Dubbo attributed to truck driver fatigue

A Police audit of trucking company, Redstar Transport, has so far revealed issues with insecure loads and driver fatigue. 
The investigations follow an earlier road collision incident involving one of the company’s B-doubles and a car, where two boys, aged nine and twelve, died.
Officers have been working with Roads and Maritime Services (RMS) as part of an investigation relating to safety breaches at Redstar depots at Yennora in Sydney and in Dubbo.
Assistant Commissioner Michael Corboy said all the trucks initially inspected had load issues.
One driver was issued with a field court attendance notice in relation to logbook entries.
"What we need to remember here is there were two children killed in a car accident in the early hours of the morning involving the B-double," Assistant Commissioner Corboy said.
"As a result of all fatal accidents involving trucks, we make sure that those companies involved have the right governance around operations."
The Assistant Commissioner said police were not impressed with the safety issues.
"We are very disappointed," he said.
"The company has been compliant with us, they have been working with us. But to have the amount of issues we have had with all the trucks and drivers this morning has been very disappointing."
Assistant Commissioner Corboy said the audit will help reduce and prevent similar incidents from happening on the nation's roads.
Don’t risk your trucking business’ reputation and costly penalties. We help businesses comply with workplace safety laws. Contact ISOsafe today on 1300 789 132.
 

Victoria: Truck driver and farmer die in separate incidents

Earlier this month, it was reported that a delivery driver died after he was struck over by his truck at a storage depot in Tullamarine. The man was believed to have been at the rear of his vehicle at the time of the incident. The man, 65, died at the scene.

In a separate incident; a farmer was seriously injured when he was run over by a tractor he was undertaking maintenance work on at his farm at Meredith, near Geelong. The man, 68, suffered serious head injuries and died later in hospital.

Both incidents are being investigated by WorkSafe Victoria. 

WorkSafe’s Executive Director of Health and Safety, Marnie Williams, said the men were working alone when the incidents happened. “Both incidents will be thoroughly investigated, and our thoughts are with the families and friends of each man,” Ms Williams said.

For expert advice on how to make your workplace safer contact ISOsafe today on 1300 789 132. Protect your staff with ISOsafe’s training and safety programs.
 

Fatigue Management: Court awards $1.25M to Queensland coal miner after crash on drive home

A Queensland coal miner has been awarded more than $1 million in damages in a case that has been tipped to change the way mining corporations deal with fatigue in the workplace

The worker suffered brain damage as a result of the crash and has no recollection of the accident or events leading up to it, according to supreme court files

In a judgement handed down by the court, the mining business enterprise BHP Mitsubishi Alliance (BMA), contractor HMP and the labour lease agency Axial did not do enough to manage the workers fatigue

Throughout the hearing, defence legal professionals argued the worker was partly responsible for the crash

The defence lawyers said BMA provided accommodation on the mine site for employees to rest after a 12-hour shift

But the court heard the worker had made the decision to go home, irrespective of how he felt

The worker's barrister stated his client might not have been privy to the extent of his fatigue

The court awarded the overall claim of $1.25 million

"Perhaps many people would be wary of attempting a five-hour drive after completing a fourth consecutive 12-hour night shift. But the statistics … support that this was commonplace among mine workers," the magistrate said in a Supreme Court of Queensland document

"The 2008 study showed that 81 per cent of mine workers drove alone in their cars after finishing their roster"

In the course of the civil trial in July, professor Drew Dawson from CQ University gave evidence about the difficulties for mining companies in drawing up regulations to control fatigue-related crashes

Professor Dawson told the court that since a parliamentary inquiry in 2001, mining companies had attempted to codify and regulate solutions

But he said those rules would often not take into account real-life situations and the latest scientific knowledge

After court, CFMEU Mining and Energy Division president Steve Smyth described the case as a "landmark decision" which could change the way mining companies manage fatigue

"The mines have been having incidents when workers have dozed off, micro-sleeps, but this is a landmark decision because the Supreme Court's actually made a decision and ruled on it and it's going to have the ripple effect and other effects through the industry now," he said

"Industry is going to have to get their heads together and work out how they deal with it, not give it lip service, but give it the appropriate vigilance it requires to get it right"

If you are concerned about fatigue in your workplace contact ISOsafe today on 1300 789 132 to learn more about how we can protect your business. ISOsafe look after employers and business owners - dont risk non-compliance

Sydney car auction company fined more than $250,000 after death of forklift operator

A Sydney car auction company has been fined more than a quarter of a million dollars after a forklift operator was killed while unloading a truck at Milperra, NSW in 2013.
A 36 year old forklift operator and a 19 year old labourer were moving a cabinet from a truck onto a forklift at the company’s motor vehicle storage and auction site, when they both lost control of the load. The incident resulted in the death of the forklift operator and the labourer was left with fractured ribs and an injured knee.
SafeWork NSW charged the company with a breach of the Work Health and Safety Act 2011 for failing to ensure the health and safety of workers.
The company were found guilty by the District Court in June this year and fined $255,000.
Executive Director of SafeWork NSW, Peter Dunphy said the incident highlighted the risks of working with forklifts and need to provide effective supervision and support to young workers.
“Forklifts continue to be a major factor in workplace deaths and injuries,” Mr Dunphy said.
“Between July 2012 and July 2014, 1,360 workers were injured in forklift incidents, including five fatalities.
“The social and economic impact is also significant, including a cost of $15.8 million to the NSW workers compensation scheme.
“Young workers make up approximately 12 per cent of all employment injuries and occupational diseases across the State, and are more vulnerable to workplace safety risks because of their inexperience or reluctance to speak up about safety concerns.
“Our investigation found that a lack of safety systems, instruction and supervision were major contributors to this incident.
“The company failed to train and instruct the workers how to safely remove the cabinet from the truck and did not tell them which forklift could safely carry the cabinet."
“This resulted in the workers selecting the wrong sized forklift with tragic results.”
“This incident highlights the need for employers to have appropriate systems in place to ensure that all workers, particularly young workers, receive sufficient training and support to work safely.”
Failure to manage health and safety can result in serious incidents. So, as well as putting staff wellbeing at risk, businesses can be left exposed to substantial financial penalties, criminal and civil prosecution and loss of reputation.
Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare safe systems of work, safety instructions and all other documentation you require. Call us now 1300 789 132 or email us at enquiries@isosafe.com.au, to learn more about our services for businesses and their owners.