Company fined $330,000 after equipment failure causes death of employee…

The District Court has fined a company $330,000 after a piece of its equipment failed causing the death of one of its employees.

The company used racks on their premises to store heavy pieces of material. These racks had been used for 25 years without issue or concern.

On the day of the incident the racks were nearly empty as they were only storing a small volume of the material at the time. The employee decided to take this opportunity to sweep under the storage rack. He was advised by his coworker not to, but proceeded to do it anyway.

Whilst the employee was sweeping under the rack, his coworker moved some more of the equipment onto the rack. In this process the rack collapsed and the employee was crushed by nine tonnes of the material. The employee did not survive his injuries.

The Court had to consider whether the company had ensured the health and safety of its employees so far as was reasonably practicable.

In looking at this the Court determined that the company had breached several guidelines in relation to the set-up of the storage racks.

Firstly, the rack that collapsed was not braced or bolted to the floor, meaning that it was less stable and more likely to fall over.

Secondly, the racks were top-heavy, which was part of the reason the rack collapsed.

Thirdly, the stacking of the rack was done incorrectly, meaning very little force was required to destabilise it.

These failures in the company’s health and safety protocol led the Court to determine that the company had breached its duty to ensure the health and safety of its employees so far as reasonably practicable.

The company was ordered to pay a $330,000 fine for its health and safety failures.

If there is uncertainty around the requirements of a company to protect its workers, it pays to seek advice from a professional with experience in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.