Australian Water Systems Pty Ltd (AWS) and Clark Tanks Transport Pty Ltd (CTT) were sentenced in the Mildura Magistrates' Court today after earlier pleading guilty to a number of charges under the Occupational Health and Safety Act.
AWS was fined $50,000 without conviction for failing to ensure a workplace under its management or control was safe and without risks to health.
CTT was fined a total of $65,000 without conviction for failing to ensure people other than employees weren't exposed to health and safety risks; failing to notify WorkSafe immediately after an incident; and failing to ensure the site of an incident was not disturbed.
Both companies were also ordered to each pay $3,445 in costs.
The court heard that AWS, trading as Clark Tanks, sold polyethylene rainwater tanks and owned CTT, which delivered tanks, including a delivery to the Nelson property in July 2023.
As the customer and his wife assisted the delivery driver to push the 23,639 litre water tank off the rear of the trailer, it became unstable and fell on top of the woman.
The driver, two neighbours and the woman's husband were able to lever the tank off the woman, who suffered a fractured femur, crushed pelvis and ribs, three broken vertebrae and a punctured lung.
The court heard that it was reasonably practicable for CTT to reduce or eliminate the risk of death or serious injury by implementing and enforcing an exclusion zone from the drop zone while unloading tanks.
Furthermore, it was reasonably practicable for AWS to reduce the risk by developing policies and procedures requiring an exclusion zone during unloading and ensuring that CTT followed the procedures.
WorkSafe Chief Health and Safety Officer Sam Jenkin said that safety control measures were essential when loading and unloading on work sites and while making deliveries in the community.
"Loading and unloading from trucks can involve a number of hazards, including risks to other people in the vicinity, so it's crucial that operators and companies develop and follow procedures to control the risks," Mr Jenkin said.
"Tragically, in this case the failure to set up and enforce an exclusion zone to keep people away from the drop zone of a large, unwieldy and heavy tank, has left a member of the public with life-changing injuries."
Employers and contractors loading and unloading should ensure:
- Safe systems of work are in place throughout the delivery and collection process, including a Safe Work Method Statement for any high-risk construction work.
- Operators are appropriately trained and competent.
- The designated loading/unloading area has been assessed and prepared for the activity.
- Traffic management plans are developed for the loading/unloading locations and updated as conditions change (e.g. lighting, traffic volumes, parked vehicles, fog, rain).
- Necessary signage, barriers or other equipment are provided and used for traffic management and exclusion zones.
- Exclusion zones are established, where possible, around the transport vehicle during the loading and unloading process to prevent persons or vehicles entering the area.
- The transport vehicle is suitable, including traction of the deck material, dimensions and load rating of the deck and ramps, tie down and lashing points, loading or unloading methods, and winching equipment on to and off tilt-trays (if relevant).
