MKM Earthworks Pty Ltd

Incident description:

On 6 August 2010 a 54 year old male truck driver was killed when a reversing truck hit him.

MKM Earthworks Pty Ltd was in the process of winding up business as a result of voluntary liquidation proceedings.

The court was satisfied the complaint could be dealt with in the absence of a representative of the defendant. It acknowledged that at the time of the incident, the complaint related to a breach of an obligation the defendant held as an employer under the Workplace Health and Safety Act 1995.

The defendant held obligations under s.28 of the Workplace Health and Safety Act 1995 being an employer who conducted an undertaking transporting bulk earthworks and landscape supplies to civil and construction sites.

The investigation findings presented to the court alleged:

• the deceased was employed as a transport driver at the defendant's transport yard at Coomera
• the yard was utilised for the parking and overnight storage of the defendant's vehicle fleet
• the deceased was struck by a vehicle being reversed by another worker and sustained fatal injuries.

The investigation findings presented to the court revealed:

• the defendant had no formal procedures in place for the parking of the vehicle fleet, but relied on individual driver's experience
• while individual truck prime movers had been fitted with reversing alarms, these same vehicles also towed 'dog trailers' that were not fitted with such alarms.

Post-incident, the defendant fitted its trailer fleet with reversing alarms and developed a formal procedure for the parking of its fleet. The procedure incorporated a person as a 'spotter' who would assist drivers when they were parking vehicles at the defendant's premises.

Court result:

The defendant did not appear in the Southport Industrial Magistrates Court on 16 September 2011 and an application to proceed ex-parte in its absence was granted by the industrial magistrate. The defendant was fined for breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.

Industrial Magistrate Mr John Costanzo fined the defendant $125 000 and ordered investigation, professional and court costs totalling $2961.70.

In deciding the penalty imposed, Industrial Magistrate Costanzo noted the defendant cooperated with the investigation, had no prior history, and had taken measures post-incident to prevent a similar occurrence. Magistrate Costanzo further acknowledged there was no representative in attendance from either the defendant or the appointed receivers, though each had been informed of the proceedings and had chosen not to attend. As a final matter, Magistrate Costanzo stated the hazard was obvious and that it subsequently had been easily controlled and should have been controlled at the time.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When deciding and implementing control measures associated with the risk by moving plant, obligation holders should ensure that pedestrians and moving plant are not in the same area at the same time.

Visit the Workplace Health and Safety Queensland website for more information on:

• transport and storage
• health and safety information for transport and storage
• plant, machinery and equipment
• managing risk
• employer training options
• training staff
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.