In July 2023 a woman was left with life-changing injuries after a rainwater tank being delivered to her Nelson property toppled onto her. This week two related companies, Australian Water Systems Pty Ltd (AWS) and Clark Tanks Transport Pty Ltd (CTT), were sentenced to a total of $115,000 in fines in the Mildura Magistrates’ Court after pleading guilty to multiple offences under the OHS Act in relation to the incident.
AWS, trading as Clark Tanks, owns and operates CTT for the purpose of delivering AWS polyethylene tanks to customers’ properties. During the unloading of a 23,639L squat tank at the woman’s property both the woman and her husband were enlisted to assist the CTT driver to push the tank off the rear of the trailer. The tank became unstable and toppled onto the woman who suffered a fractured femur, crushed pelvis and ribs, three broken vertebrae and a punctured lung. The driver, the woman’s husband and two neighbours were able to lever the tank of the woman.
The WorkSafe investigation found that CTT did not reduce or eliminate the risk of death or serious injury by implementing an exclusion zone whilst unloading the tank. Nor did AWS reduce the risk by developing a safe system of work for unloading tanks or by ensuring that CTT followed such a procedure.
The risks associated with the loading and unloading of trucks are well-known in the transport industry, including the risk to people in the vicinity of the loading or unloading activity. It is reasonably practicable for employers to establish a safe system of work to ensure that truck drivers and others in the workplace understand and comply with the requirement to maintain an exclusion zone around the truck.
The failure by both AWS and CTT to set up and enforce an exclusion zone to keep people away from the drop zone of the tank measuring more that 4m in diameter and weighing 475kg resulted in a member of the public sustaining serious life-changing injuries.
WorkSafe recommends that when loading and unload from trucks employers and contractors should ensure:
- Safe systems of work are in place throughout the delivery and collection process, including a Safe Work Method Statement for any high-risk construction work.
- Operators are appropriately trained and competent.
- The designated loading/unloading area has been assessed and prepared for the activity.
- Traffic management plans are developed for the loading/unloading locations and updated as conditions change (e.g. lighting, traffic volumes, parked vehicles, fog, rain).
- Necessary signage, barriers or other equipment are provided and used for traffic management and exclusion zones.
- Exclusion zones are established, where possible, around the transport vehicle during the loading and unloading process to prevent persons or vehicles entering the area.
- The transport vehicle is suitable, including traction of the deck material, dimensions and load rating of the deck and ramps, tie down and lashing points, loading or unloading methods, and winching equipment on to and off tilt-trays (if relevant).
AWS was fined $50,000 without conviction for failing to ensure a workplace under its management or control was safe and without risks to health.
CTT was fined a total of $65,000 without conviction for failing to ensure people other than employees weren’t exposed to health and safety risks; failing to notify WorkSafe immediately after an incident; and failing to ensure the site of an incident was not disturbed.
Read more: $115,000 in fines after rainwater tank crushes woman | WorkSafe Victoria