Scott's Refrigerated Logistics Pty Ltd (SRL) was convicted and fined $800,000 following an incident on 6 July 2021. The incident involved a 52-year-old truck driver who was struck by an oncoming vehicle resulting in fatal injuries. The incident occurred while the worker conducted a vehicle changeover at Macleay Valley Way in Clybucca, NSW.
A service station at this location was often used as a changeover point for heavy vehicles travelling between Sydney and Brisbane to undertake uncoupling and coupling of truck trailers until it closed in May 2016. Following the closure drivers began using the road adjacent to the closed service station to conduct changeover activities. The unlit stretch of road is approximately 370 metres long with a single lane in both directions. The speed limit of the road was 100km per hour at the time of the incident.
SRL was aware of this practice and continued to direct workers to conduct changeovers at the site following the closure of the service station.
On the night of the incident, a total of 11 heavy vehicles were parked on the shoulders of the road. The driver, who was not wearing high visibility clothing, walked out into the northbound lane of the road during the changeover process and was struck by a truck being driven at approximately 75km per hour. The driver died at the scene as a result of the incident.
The court's findings
SRL was convicted of one offence under section 32 of the Act for failing to comply with its health and safety duties and thereby exposing workers to a risk of death or serious injury.
The Court found that:
- a risk assessment in relation to the task of conducting changeovers and its location had not been completed by SRL
- the risk of being struck by mobile plant or vehicular traffic on the road was known to SRL as it had been previously raised by workers
- SRL failed to develop, implement, and enforce a site-specific safe system of work for the task of conducting changeovers at changeover locations in proximity to vehicular traffic
- SRL did not provide workers with any training on the hazard of working near mobile plant and vehicular traffic when conducting changeovers, or the control measures to be implemented to eliminate or minimise the risk of being struck by mobile plant or vehicular traffic
- SRL did not provide workers with adequate high visibility clothing and did not enforce the requirement for workers to wear adequate high visibility clothing at changeover locations.
