A Sunshine Coast roofing business has been fined $135,000 for safety failures on one of its trucks that led to the death of a member of the public.
Gem Roofing was found to have failed to inspect and maintain its ‘rack truck’ which was implicated in killing 58-year-old builder Michael Passey on February 5, 2018.
The Maroochydore Magistrates Court heard the truck was being driven through Harmony estate at Palmview when an outrigger – or stabilising leg – on the passenger side came loose.
“The passenger side outrigger on the crane extended, causing it to strike a parked van,” said a statement from Workplace Health and Safety Qld (WHSQ).
“The force pushed the van backwards, dragging another man who’d been standing at the back underneath it. He suffered fatal injuries.”
Part of Gem Roofing’s business is manufacturing metal products such as flashing and roof sheeting and delivering these to customers.
It leased two trucks with vehicle loading cranes from an associated company.
One of those trucks was referred to as the ‘rack truck’ and the defendant was responsible for its maintenance.
WHSQ investigators found the truck driver had failed to engage the primary locking mechanism on the passenger side outrigger before leaving the estate.
The secondary locking mechanism was bent and worn and testing showed this back-up device would not, on its own, have provided adequate and reliable restraint without an engaged primary locking mechanism.
However the investigation could not determine whether the outrigger extended as a result of a failure of the secondary locking mechanism or because the driver didn’t properly retract the outrigger in the transport position.
“At the time of the incident, the crane was well overdue for its 10-year major inspection as required by the Australian Standard and the manufacturer’s recommendations. The inspection was approximately 18 months overdue,” the WHSQ statement said.
“The defendant did not have a maintenance plan or schedule in place to ensure periodic inspections and maintenance were done when required.
“The company was also aware of the need for a 10-year inspection, having received a quote for its other truck-mounted crane.
“A mandatory major inspection and service would have, amongst other things, included a check of the primary and secondary locking mechanisms to ensure they operated effectively and identified the need to fit a warning device in the vehicle cab to indicate when an outrigger was not in the transport position.”
In sentencing, Magistrate Haydn Sternqvist noted the defendant had no system in place to ensure its trucks were properly maintained.
He noted the truck was being driven on public roads thus exposing unsuspecting members of the public to risk, and the defendant was aware of the need to conduct a 10-year major inspection for its other crane truck, yet had not made inquiries to obtain a quote for a similar service of the subject truck.
His Honour considered post-incident improvements made by the defendant, including the purchase of new cranes and starting an ongoing service contract with a specialist company to inspect and maintain the cranes.
He also took into account the defendant company’s lack of previous convictions, cooperation with the WHSQ investigation and guilty plea.
Gem Roofing was convicted under section 32 of the Work Health and Safety Act 2011 and ordered to pay professional and court costs of almost $1,600. No conviction was recorded.
