HSG Asphalt Pty Ltd was sentenced in the Melbourne County Court yesterday after pleading 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 were drinking alcohol at the company's Langwarrin South depot at the end of the work day.
One of the workers began driving a skid steer that had been left with the keys in the ignition - including driving erratically and towards other workers.
The court heard he 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 suffered significant crush injuries and died in 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 court found it was reasonably practicable for HSG Asphalt to reduce the risk to health and safety 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.
WorkSafe Chief Health and Safety Officer Sam Jenkin said this horrific scenario demonstrated the importance of securing workplaces and heavy machinery.
"Skid steers and other mobile plant 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," Mr Jenkin said.
"Employers need to do everything reasonable to secure equipment and ensure it is only used for authorised work by appropriately trained workers."
The court heard that the worker driving the skid steer was found to have a blood alcohol content reading of 1.122 per cent and was subsequently charged by Victoria Police. In July 2024, he was sentenced in the Supreme Court to seven years imprisonment after pleading guilty to manslaughter by criminal negligence.
