A South-East road-tanker manufacturer has been convicted and fined $600,000 for its “evident disregard” for an apprentice who fatally suffocated at work in 2018.
Marshall Lethlean Industries Pty Ltd pleaded guilty at the Victorian County Court to failing to ensure the workplace was safe and without risk to health.
In sentencing, Judge Douglas Trapnell said the victim was Xi Lei Wu, a 20-year-old father-to-be, who started his work placement at the Cranbourne West site just 10 days earlier.
He was “handballed” a job to clean out the inside of a tanker on the morning of 4 October 2018.
However, at the time, the tanker’s compartment was very low in oxygen.
This was due to a defective welder and wire feeder being left inside the tanker by an apprentice from the day before.
The wire feeder’s valve was ‘stuck’ open, leaking argon gas and depleting oxygen levels overnight.
The next morning, Mr Wu entered the tanker but didn’t emerge when alerted for a ‘smoko’ break about 8.55am.
Half-an-hour later he was discovered unconscious in the tanker.
Despite workmates hoisting Mr Wu out with a crane and performing CPR, he died from asphyxiation at the scene.
The company – owned by multinational CIMC – had just moved from a factory in Dandenong to the $2.8 million new premises in Cranbourne West.
A boiler-maker told WorkSafe investigators that the Dandenong facility had a swing arm to attach the wire feeder, ensuring the gas connections were outside the tank.
There was also an extractor fan available to remove fumes.
Neither of these measures were in place in Cranbourne West.
Judge Trapnell noted that there was no evidence that the welder and wire feeder were routinely inspected and serviced.
Also, Marshall didn’t ensure workers switched off the argon gas mains when the welder was not in use, or that they returned the welder to its rightful place after use.
Any one of those three “reasonably practicable” precautions would have prevented the tragedy, Judge Trapnell said.
Any of them were easily done at relatively low to no cost.
“That amounts to evident disregard by the company for the safety of Mr Wu and others at its workplace.”
The use of a welder and wire feeder in disrepair and in a patially-enclosed space posed an “obvious and foreseeable” risk of asphyxiation, Judge Trapnell said.
“In my opinion, a strong message needs to be sent to companies that place employees and others in highly dangerous situations. That they must do their utmost to ensure the safety of those persons.
“If they do not meet their obligations in this regard, then they should know they will be met with stern punishment.”
Judge Trapnell noted Marshall’s early plea, deep regret, lack of prior convictions, clean safety record and remedial steps since the incident.
He accepted Marshall wasn’t aware of the faulty equipment at the time.
The judge acknowledged Mr Wu’s bereaved family and partner, commenting “how tragic the loss of your son and partner was in these circumstances”.
The fine couldn’t ameliorate their loss but hopefully it would bring them closure, he said.
WorkSafe acting health-and-safety executive director Adam Watson said the incident was an absolute tragedy that could have been avoided.
“The dangers of working in confined spaces are well known and there is no excuse for employers who fail to control the risks,” Mr Watson said.
“This incident highlights just how important simple measures such as maintenance and storage procedures are to keeping workers and workplaces safe.
“Sadly a failure to do so in this case cost a young man his life.”
The maximum penalty for the offence is $1.45 million for corporations.
