Company fined $350,000 after fatal gate crush

In a pivotal ruling delivered at the Melbourne County Court, Gate Automation Systems Pty Ltd was convicted and penalised on account of neglecting to ensure the safety of individuals beyond its direct employees. This case illustrates the critical role of WHS management systems, like Bluesafe SWMS or Bluesafe WHS Management Systems, in maintaining occupational health and safety.

Engaged for the maintenance of automatic double sliding gates at another firm’s truck facility in April 2022, Gate Automation Systems found an issue with a gate. The drive motor malfunction demanded off-site repair, rendering the gate unstable and prone to rolling off its rails if manually manoeuvred.

The company verbally advised the client to secure the problematic gate with a lock and chain to prevent accidental falls. However, two days following this advice, a tragic incident ensued; a 59-year-old truck driver lost his life while attempting to close the unstable gate manually, which subsequently fell onto him.

Reflecting on the incident, it was deemed plausible for Gate Automation Systems to employ more robust safety measures, such as a ‘lock out tag out’ system. Additionally, reinforcing the impaired gate with a chain could have deterred manual operation until the drive motor was restored, which in turn might have prevented this needless loss of life.

WorkSafe Acting Executive Director of Health and Safety, Mr Adam Watson championed the necessity of proper work safety strategies that extend beyond workers’ discretion. This responsibility falls squarely on duty holders – implementing sound systems backed by safety standards as enshrined in polices like Bluesafe SWMS (Safe Work Method Statements) is non-negotiable.

Mr Watson asserted, “No cost can substitute a worker’s life. Even seemingly trivial safety measures can make a world of difference.” He also flagged this unfortunate event as a warning to all stakeholders regarding the grave repercussions preceding safety measure ignorance, including stiff penalties.

Service providers and technicians should responsibly approach risks linked with operating or servicing mechanised sliding gates. Using a WHS management system, like Bluesafe WHS Management System, can guide these processes effectively.

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Email: Media @ worksafe.vic.gov.au
Phone: 0438 786 968.


Original article link: https://www.worksafe.vic.gov.au/news/2024-12/company-fined-350000-after-fatal-gate-crush

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