NT tyre company convicted and fined over child's death

A two-year-old boy has been killed at a Katherine tyre business, leading to a conviction and $142,000 fine.

Gibbo’s Tyres Pty Ltd, trading as Stuart Hwy Tyres, pleaded guilty on 5 October 2017 to two breaches of the Work Health and Safety (National Uniform Legislation) Act.

The company breached Section 32 for failing to comply with a health and safety duty, and breached Section 38 for failing to notify a notifiable incident.

On 19 November 2015, the family of the deceased child went to Stuart Hwy Tyres to have a tyre replaced on their vehicle. The family waited outside on the business premises for the work to be completed. During this time, the child and his three-year-old cousin wandered over to an area of the workplace to play where eight unsecured truck tyres were leaning upright against a wall.

The child was found by his family under one of the tyres, which weighed approximately 90 kg. He died later that night as a result of head injuries he had sustained.

NT WorkSafe Executive Director Stephen Gelding said the fine and conviction was a reminder that businesses had a responsibility for the health and safety of people, such as customers, entering their workplace.

“Businesses should have clearly defined areas where customers are permitted, including a customer waiting area that is separated from the work area,” said Gelding.

“Areas of work and storage must be out of bounds for customers, who may not be aware of the hazards in that part of the workplace.

“Businesses must also have a safe system of securing and storing goods or materials at their premises to prevent anything from accidently falling and injuring workers or customers.

“This tragic loss of such a young life could have been avoided by implementing some very simple measures.”

All businesses are urged to review their workplaces and to make sure there is an appropriate separation between areas of work and areas that are accessible by customers and other people.

Gibbo’s Tyres Pty Ltd was fined $135,000 for breaching Section 32 for failing to comply with a health and safety duty, and fined $7000 for breaching Section 38 for failing to notify a notifiable incident.

Gibbo’s Tyres Pty Ltd was also required to pay a victim levy totalling $2000 and was convicted of both offences. Partial costs were also awarded to NT WorkSafe.

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