by Cam Lucadou-Wells
A repair company has been convicted and fined $350,000 after a 59-year-old man was crushed by a falling 1.1 tonne gate in Dandenong South.
Gate Automation Systems had pleaded guilty at the Victorian County Court to failing not to expose a person to a health and safety risk.
In April 2022, the firm was hired to repair an automatic double sliding front gate at Membrey’s Transport truck depot.
After repairing the gate 11 times, a GAS worker removed the gate’s drive motor for inspection and repair.
With the motor removed, the gate could roll past its support posts and fall from its rails if it was operated manually.
In the early hours of 23 April, Membrey’s truck driver Stuart Baker collected his prime mover from the depot.
As the last worker to leave that morning, he tried to drag the gate shut when it fell and killed him.
In sentencing on 19 December, Judge Douglas Trapnell said the GAS worker made a “fatal mistake” in failing to lock the gate closed – as he had done for clients in the past.
The worker instead advised Membrey’s general manager to lock the gate closed and put a chain around it, which was not done.
Judge Trapnell said the “obvious” risk of serious injury or death could have been controlled with a “lock and chain” to the posts and gate – also known as a “lock out tag out” system.
“(GAS) failed to take simple and obvious measures that could, and should, have been taken to eliminate the risk and that would have been a standard response by any reasonable industry participant.”
He noted the 26-year-old company’s early guilty plea, no prior convictions, previously good safety record and its owners’ genuine remorse.
“I also accept (GAS) has made significant changes to its procedures and processes since the incident to ensure a similar tragedy does reoccur.”
WorkSafe health-and-safety acting executive director Adam Watson said ensuring machinery was left in a safe condition during repairs should not be left to the discretion of workers.
“It is up to duty holders to ensure appropriate systems of work are in place and in this case some simple safety measures could have prevented a worker losing his life.
“This tragic incident should serve as a warning to all duty holders that failing to protect workers and others who could be affected by their actions can have horrific consequences and result in hefty fines.”
