$80K fine after worker run over up to three times by skid steer
In Victoria, an asphalt company has been fined $80,000 following the death of a worker who was run over up to three times by a skid steer loader.
The incident
In September 2022, four workers were drinking alcohol at HSG Asphalt Pty Ltd’s Bangholme depot at the end of the work day — the workers were from HSG Asphalt and another related company.
A skid steer that had been left with the keys in the ignition was driven by one of the workers, at points erratically and towards other workers.
The driver, the court heard, 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 died in hospital that evening, having suffered significant crush injuries.
WorkSafe Victoria investigation and fine
It was found by a WorkSafe Victoria investigation 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.
It was reasonably practicable, the court found, 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 were either only provided to authorised operators or stored in a lockbox with restricted access.
“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,” said Sam Jenkin, WorkSafe Victoria Chief Health and Safety Officer.
“Employers need to do everything reasonable to secure equipment and ensure it is only used for authorised work by appropriately trained workers,” Jenkin added.
HSG Asphalt 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 and was sentenced on 21 August in the Melbourne County Court.
As for the worker driving the skid steer, he was found to have a blood alcohol content reading of 0.122% and was subsequently charged by Victoria Police. After pleading guilty to manslaughter by criminal negligence, he was sentenced in July 2024 in the Supreme Court to seven years’ imprisonment.
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