$200K fine after worker pinned to the ground by vehicle-mounted crane
In Victoria, a transportation company specialising in crane truck services has been convicted and fined $200,000 (with $5556 in costs) after a worker was pinned to the ground by a vehicle-mounted crane.
The incident occurred on 3 September 2024. Having commenced employment with the offender as a truck driver on 29 May 2024, the employee underwent supervised on-the-job training as he did not hold a high-risk work licence. Around 1 September 2024, the offender’s Operations Manager had informed the employee that his training for flat-bed truck driving was complete and that he was able to work independently.
On 2 September 2024, the employee was told by the Operations Manager that he would be delivering steel trusses to a residential construction site the following day — it was to be the first occasion the employee worked alone. After telling the Operations Manager that he did not want to undertake the delivery alone, the Operations Manager responded that if the employee did not go out on the delivery, he would not have a job.
The next day, after having arrived at the site and while unloading the trusses using the vehicle-mounted crane, the crane locked out due to an overload. During an attempt to reposition the load, the crane slewed and pinned the employee to the ground, sustaining a broken wrist because of the incident.
It was alleged that there was a risk of serious injury or death to employees performing the task if they were struck or entrapped by the steel house frames and/or roof trusses while performing the task and that it was necessary for the offender to supervise its employees while performing the task if they did not hold a high-risk work licence.
It was noted by the court in sentencing the offender that the accused conduct was very serious and a clear departure from acceptable safety standards; the direction that if he did not go out on the delivery he would not have a job was a very serious matter; the accused was otherwise of good character; and that general deterrence for this type of offending is significant.
But for the plea of guilty, the court indicated that — in accordance with section 6AAA of the Sentencing Act 1991 — a fine of $325,000 would have been imposed.
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