Polymaster Pty Ltd is facing three charges under section 21(1) of the Occupational Health and Safety Act for failing to provide and maintain a workplace that was safe and without risks to health.
The company faces a further two charges under section 23(1) of the OHS Act for failing to ensure that people other than employees were not exposed to health and safety risks.
In September 2021, a customer was helping a Polymaster employee unload a water tank that had been delivered to his Yarroweyah property when it rolled off the flatbed delivery truck and crushed him, causing serious injuries.
Less than three months later, a water tank that had been delivered to a Barwon Downs property by a Polymaster contractor rolled off the flatbed delivery truck as it was being unloaded, fatally crushing the customer's neighbour, who was assisting.
On both occasions, it's alleged the company breached section 21(2)(a) of the OHS Act by failing to provide and maintain a safe system of work to reduce the risk to health and safety by implementing a mechanical unloading process of rainwater tanks from trucks or trailers.
WorkSafe also alleges Polymaster failed to prohibit the involvement of persons other than employees in the unloading process.
It is further alleged the company breached section 21(2)(e) of the OHS Act in the second incident by failing to provide employees with necessary information, instruction and training to ensure rainwater tanks were unloaded safely.
The matter is listed for a filing hearing at Shepparton Magistrates' Court on 19 September 2023.
