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A Victorian asphalt company has been fined $80,000 and sentenced in the County Court after an employee died when he was run over by a colleague driving a skid steer loader at the workplace.
Last week, HSG Asphalt was sentenced in the Melbourne County Court, having pleaded guilty to one charge of failing to maintain a safe system of work and one charge of failing to ensure people other than employees weren’t exposed to health and safety risks.
In September 2022, four workers from HSG Asphalt and another related company consumed drinks at the company’s depot in Bangholme at the conclusion of a workday, following which one worker began driving a skid steer that had been left with the keys in the ignition, including in an erratic fashion.
WorkSafe detailed, in a statement, that the County Court heard that the worker “unsuccessfully tried to knock one worker off his chair using the bucket of the loader before driving at the worker ‘full throttle’, running him over up to three times and pinning him underneath the machine”.
The injured worker, the regulator said, suffered significant crush injuries and died in the hospital that evening.
WorkSafe’s investigation found that “it was the company’s usual practice to leave keys in the ignition of the skid steer and other mobile plant at the depot”, so that workers could access them at any time.
The County Court subsequently found that it was reasonably practicable for HSG Asphalt to reduce the risk to health and safety, the regulator continued, by providing a system of work where keys weren’t stored in plant when not in use and either stored in a lockbox with restricted access or only provided to authorised operators.
The court also heard that the worker who was driving the skid steer was found to have a blood alcohol content reading of 0.122 per cent, and was subsequently charged by Victoria Police.
In July of last year, that worker was sentenced to seven years’ imprisonment by Victoria’s Supreme Court, WorkSafe noted, having pleaded guilty to manslaughter by criminal negligence.
Speaking about the “horrific” incident, WorkSafe chief health and safety officer Sam Jenkin said the scenario demonstrated the importance of securing workplaces and heavy machinery.
“Skid steers and other mobile plants are not toys and can be extremely dangerous in the wrong hands, including anyone under the influence of drugs or alcohol, as well as those who don’t have appropriate training,” he said.
“Employers need to do everything reasonable to secure equipment and ensure it is only used for authorised work by appropriately trained workers.”
Jerome Doraisamy is the managing editor of Momentum Media’s professional services suite, encompassing Lawyers Weekly, HR Leader, Accountants Daily, and Accounting Times. He has worked as a journalist and podcast host at Momentum Media since February 2018. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.
