Three fined for bin fatality
Three companies have been fined after a fatal incident involving a commercial recycling bin.
The companies were companies were found guilty of one contravention of section 23 of the OHS Act each.
The court ruled that they had failed to ensure people other than employees were not exposed to health and safety risks.
Each was fined $275,000 following a trial in the Melbourne County Court.
The victim, an elderly man, was walking with his wife through a fast food restaurant car park in front of a Visy truck which was lowering a large recycling bin.
They were knocked to the ground by the bin and brought to hospital, where the husband succumbed to his injuries.
The court heard that the truck driver performed all necessary checks before lowering the bin, but that the three companies had not set up a traffic management system, despite the truck having to reverse up to 80 metres to access the bin.
“Failing to address the serious risks posed by trucks operating in shared spaces is simply not good enough and in this case the consequences were tragic,” said WorkSafe Acting Executive Director of Health and Safety Paul Fowler.
“Employers must eliminate or reduce the likelihood of trucks and other large machinery coming into contact with pedestrians, and WorkSafe will not hesitate to prosecute companies in their responsibility to do this.”