$350k fine against transport company after driver’s fatal fall

A transport company has been convicted and fined $350,000 after a truck driver died when he fell almost four metres from the top of a trailer.

A WorkSafe case involving a tragic workplace incident that resulted in the passing of a transport company truck driver has concluded. D and A Martin Transport was sentenced in the Melbourne County Court on 4 September 2024 after pleading guilty to a single charge of failing to provide and maintain a safe plant without risks to health.

Back in January 2022, a 60-year-old truck driver was collecting a load of grain at a Maffra depot, a job task that required the worker to climb on top of the trailer to check the hatches. Both sides of the trailer were fitted with guard rails, which were raised by flicking a switch.

In this instance, however, the front section of the right-side guard rail failed to raise, which meant that when the driver reached out for it while leaning forward, he overbalanced and subsequently fell from a height of around 3.9 metres from the top of the trailer to the concrete ground below.

The driver was found unresponsive by another worker onsite and passed away in the hospital the following day.

The investigation from WorkSafe found the guardrail failed due to a lack of inspection, as well as poorly done maintenance and repairs.

In this case, the court found it was reasonably practicable for D and A Martin Transport to have properly implemented a qualified inspection and maintenance regime for the guardrails and to have ensured any faults were competently repaired or the guardrails replaced in accordance with Australian standards, if repairs were not enough to make them safe.

Speaking on the case was WorkSafe executive director of health and safety Sam Jenkin, who said the situation sadly highlighted the potentially fatal consequences when employers opt to neglect proper maintenance and inspections.

“It is not enough for employers to have a fall prevention device in place; they must also make sure they are in good working order to do the job they have been designed to do,” said Jenkin.

“Falls from height remain a leading cause of death and serious injury in Victorian workplaces, and WorkSafe will take action against any employer that fails to take the risks seriously.”