FATAL TAILGATE FALL RESULTS IN CHARGES FOR TWO COMPANIES

Following the June 2023 workplace death of truck driver in Dandenong South WorkSafe has charged both a transport company and a commercial laundry operator with failures to comply with the OHS Act.

The 55-year-old man fell 1.2 metres from the truck’s elevated tailgate while loading linen trolleys into the truck.

Rodrigues Transport Pty Ltd faces one charge under section 21(1) of the Occupational Health and Safety Act of failing to provide and maintain a safe workplace, and one charge under section 26(1) of the OHS Act of failing to ensure a workplace under its management or control was safe and without risks to health.

WorkSafe alleges the company failed to eliminate or reduce risk of serious injury or death by failing to install safety rails on the truck’s tailgate, and by failing to implement a procedure requiring their use.

Ensign Services (Aust) Pty Ltd faces one charge under section 26(1) of the OHS Act of failing to ensure a workplace under its management or control was safe and without risks to health.

WorkSafe alleges the company failed to eliminate or reduce risk of serious injury or death by failing to install swing gates at the loading dock for use with trucks without tailgate safety rails.

For information about slips, trips and falls under two metres see our OHS Reps page Slips, trips and falls - general information - OHS Reps.

Employers can find a useful checklist and guidance about managing the safety risks associated slips, trips and falls under two metres on WorkSafe’s page Preventing slips, trips and falls under 2 metres | WorkSafe Victoria. WorkSafe also advise on other hazards and ways to prevent injuries associated with tailgate lifters and loading ramps on the page Tailgate lifters and loading ramps on vehicles and trailers | WorkSafe Victoria.

Read more: Two companies charged after fatal tailgate fall | WorkSafe Victoria

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