Fatal tailgate fall lands two-company charge

In Victoria, two companies — a transport company and a commercial laundry operator — have been charged after a driver died falling 1.2 metres from the live edge of a tailgate. The 55-year-old man sustained serious head injuries and later died in hospital; he was loading linen trolleys into the truck at the time of the fall.

Rodrigues Transport Pty Ltd is facing one charge under section 21(1) of the Occupational Health and Safety Act (OHS Act) — of failing to provide and maintain a safe workplace — and one charge under section 26(1) — of failing to ensure a workplace under its management or control was safe and without risks to health.

It is alleged by WorkSafe Victoria that by failing to install safety rails on the truck’s tailgate, and by failing to implement a procedure requiring their use, the company failed to eliminate or reduce risk of serious injury or death.

Ensign Services (Aust) Pty Ltd is facing one charge under section 26(1) of the OHS Act — of failing to ensure a workplace under its management or control was safe and without risks to health. It is alleged by WorkSafe Victoria that by failing to install swing gates at the loading dock for use with trucks without tailgate safety rails, the company failed to eliminate or reduce risk of serious injury or death.

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