WorkSafe Victoria has charged two related construction companies after the death of a worker following an incident at a Bangholme depot in September 2022.
On that day four workers had completed a shift and remained at the depot to drink beer. One of the workers began operating the skid steer loader, driving it around in circles. He ended up striking another worker, a 34-year-old who was sitting in a chair. He was taken by ambulance to hospital where he later died. The operator fled the scene, but later returned. Police found he had a blood alcohol reading of twice the legal driving limit. He was subsequently charged with and pleaded guilty to a manslaughter by criminal negligence, under the Victorian Crimes Act 1958. He was sentenced to seven years’ imprisonment with a non-parole period of four years.
The two companies, HSG Developments Pty Ltd and HSG Asphalt Pty Ltd have each been charged each under section 21(1) of the OHS Act for failing, so far as is reasonably practicable, to provide and maintain a safe workplace.
WorkSafe alleges the companies breached section 21(2)(a) of the OHS Act by failing to provide and maintain a system of work for securely storing operating keys for items of plant, including the skid steer, to prevent untrained or unauthorised people gaining access.
They have also been charged under section 23(1) of the OHS Act for failing to ensure people other than employees were not exposed to health and safety risks.
The matters are listed for a filing hearing in the Melbourne Magistrates Court on 2 September.
Source: WorkSafe media release, OHS Alert. Read more Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria