Company fined $250,000 over driver's death

A company was convicted and fined $250,000 in the County Court of Victoria this week over an incident that killed a driver at an abattoir in 2013.

Frewstal Pty Ltd pleaded guilty to three counts under the 2004 OHS Act of failing to ensure that people other than its own employees were not exposed to risks to their health or safety.

The incident allegedly took place on 14 September 2013 at Frewstal’s abattoir in Stawell as the driver was unloading a shipment of lambs.

The worker was on the loading ramp when the hoist he was using to move the ramp broke apart above him causing the ramp to collapse.

He suffered severe head injuries and died several weeks later.

“A lack of maintenance and a lack of training are common causes of serious injuries and fatalities in workplaces across the state,” said Leanne Hughson, WorkSafe Acting executive director of health and safety.

“Far too often, WorkSafe investigators will discover that an incident has been caused by a piece of machinery being altered without due regard for the safety implications.

“WorkSafe will continue to prosecute employers who fail to understand that there can never be shortcuts when it comes to safety.”

The court was told an investigation at Frewstal’s abattoir had revealed that a lug on the loading ramp hoist had failed “catastrophically” and when a new loading ramp and safety mechanism was installed in 2010, the hoist lug was moved 300 mm.

The new position allegedly made it more vulnerable to fatigue damage, stress and corrosion.

Failure to get an expert opinion about the design change before moving the lug and then failure to regularly inspect the hoist system during regular maintenance checks were some of the incident’s relating factors heard by the court.

The company had also failed to put in place a system to train, direct or induct drivers to the use of the loading ramp and hoist.

“The decision to move the hoist lug without first assessing the engineering consequences was a critical error and the failure to keep an eye on this vital part of machinery during regular maintenance checks also created a serious risk,” Hughson said.

“Tragically, these poor decisions have resulted in another workplace fatality and another family mourning the loss of a loved one.”