After the death of a tanker driver whose vehicle rolled as he rounded a bend the transport company has been fined $490,000 after pleading guilty to breaches of the OHS Act. The fine is not the end of the matter with a further reckless endangerment charge and potential $3.3 M fine, to be heard at a later date. The court found that the business failed to provide drivers with detailed information, instructions, training or supervision in driving dynamic fluid loads.
The worker was driving a milk tanker in Leongatha in 2018 when it rolled while he was taking a bend. This incident was the latest in a series of rollovers the company had over the proceeding decade.
The breach fine was made up of $300,000 for failing to provide a safe system of work, $150,000 for failing to provide adequate information, instruction and training and $40,000 for failing to report a crash.
“As all fuel transport operators and drivers know, a fluid load is a dynamic risk element that must be addressed. Vehicle equipment and technology, loading practices and liquid load driving skills are required to ensure the safety of the driver, the community and the environment. This case serves as a reminder to all businesses that when it comes to compliance ‘good enough’ is never ok. Vehicle and training requirements exist to keep us all safe” explained ACAPMAs Elisha Radwanowski.
The business also faces a Reckless Endangerment charge that will be heard separately for allowing drivers to operate vehicles that were unsafe, the fines for which are $3,300,000.
Elisha Radwanowski BCom(HRM&IR)