Fatal gate crush leads to $350K fine
A truck driver was fatally crushed under a falling gate at a Dandenong depot in mid-2022, with a gate manufacturing and repair company subsequently fined $350,000.
Gate Automation Systems Pty Ltd was sentenced in the Melbourne County Court on Thursday, 19 December 2024 after pleading guilty to a single charge of failing to ensure persons other than employees were not exposed to health and safety risks.
The court heard Gate Automation Systems was engaged to repair automatic double sliding gates at another company’s truck depot in April 2022.
After issues were identified with one of the gates, its drive motor was removed to be repaired off-site, which meant the gate could run on its rollers beyond the support posts and fall from its rails if operated manually.
Gate Automation Systems provided verbal advice to the company to lock the gate closed and to put a chain around it so it could not fall.
Two days later, a 59-year-old truck driver leaving the depot was attempting to manually drag the gate closed when it fell and killed him.
According to WorkSafe Victoria, it was reasonably practicable for Gate Automation Systems to provide and maintain a system of work that required its workers to apply a ‘lock out tag out’ system, as well as securing the gate with a chain to ensure it could not be manually opened until the drive motor was repaired and reinstalled.
WorkSafe Acting Executive Director of Health and Safety Adam Watson said that ensuring machinery and equipment are left in a safe condition during repairs or maintenance should not be left to the discretion of workers.
“It is up to duty holders to ensure appropriate systems of work are in place and in this case some simple safety measures could have prevented a worker losing his life,” Watson said.
“This tragic incident should serve as a warning to all duty holders that failing to protect workers and others who could be affected by their actions can have horrific consequences and result in hefty fines.”
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