$475k Fine Following the Death of a Camper That Was Crushed by a Falling Tree Branch

Yarra Valley Park Lane Holiday Park Pty Ltd was fined $475k and found guilty of failing to ensure the workplace was safe and without risks to health. The company have also been ordered to publicise the offence, its consequences and the penalty. 

The sentence, issued by the Melbourne County Court, follows an incident occurred in March 2021, when a man was in his tent, in a designated camping area, and a branch falling from a nearby tree caused fatal head injuries. WorkSafe investigation showed that the company that operates the park has no record of engaging an arborist for the six years prior to the incident and has no documentation or systems for trees inspections and risk management controls. 

The caravan park operator was previously found guilty of breaching section 26 of the OHS Act 2004, read more here. 

WorkSafe Health & Safety Executive Director Sam Jenkins stated that "Duty holders must do all they can to manage the risk of falling trees and branches, particularly in workplaces where people spend large amounts of time, such as camp sites". 

From WorkSafe Victoria website, to reduce the risk of falling trees or branches, duty holders should: 

• Consult with an arborist about the areas to be inspected, frequency, and which risk features should be escalated to an arborist. 

• Develop and implement a system for inspecting all trees and branches at workplaces, in consultation with a qualified arborist. 

• In addition to periodic arborist inspections, have a designated person regularly inspect all trees and branches at the workplace, including after severe weather. 

• Engage an arborist to provide basic tree inspection training for workers tasked with inspecting trees. 

• Provide workers with guidance material on tree and branch inspections, including a tree inspection checklist (developed in consultation with an arborist) to be used by workers conducting inspections. 

• If an inspection identifies an unacceptable level of risk, exclude camping and other activities in the fall zone of tree or branch until the risk is addressed.