A road safety equipment manufacturer has been fined a total of $650,000 following the tragic death of a truck driver crushed by a falling steel barrier at a Nar Nar Goon depot.
The company was sentenced in the Melbourne Magistrates’ Court after pleading guilty to two charges under the Occupational Health and Safety Act.
The court imposed a $425,000 fine for failing to protect non-employees from health and safety risks and an additional $225,000 for not ensuring that the workplace and access points were safe.
In November 2021, a forklift was used to unload stacked road safety barriers weighing approximately 925 kilograms each from a flatbed semi-trailer. An unrestrained barrier fell from the truck and struck the delivery driver, who was standing nearby. The 34-year-old sustained fatal crush injuries to his head and neck and died at the scene.
A WorkSafe Victoria investigation revealed that although the company had standard operating procedures and a safe work method statement (SWMS) for the task—intended to include a safety zone during loading and unloading—these procedures were not enforced. Additionally, the company failed to provide delivery drivers with the necessary information about these procedures.
CCTV footage seized during the investigation showed multiple instances where individuals were seen standing near trucks and within forklift operation zones during loading and unloading. It was deemed reasonably practicable for the company to have controlled the risk by ensuring physical separation between pedestrians and mobile plant during these operations and by properly communicating and enforcing safety procedures.
WorkSafe highlighted that the tragedy could have been avoided if the company had properly enforced its own policies and procedures. It was emphasised that having written procedures is insufficient if they are not effectively communicated and adhered to by all personnel.
