Gate Automation Systems Pty Ltd was sentenced in the Melbourne County Court on Thursday after pleading guilty to a single charge of failing to ensure persons other than employees were not exposed to health and safety risks.
The court heard Gate Automation Systems was engaged to repair automatic double sliding gates at another company's truck depot in April 2022.
After issues were identified with one of the gates, its drive motor was removed to be repaired off-site, which meant the gate could run on its rollers beyond the support posts and fall from its rails if operated manually.
Gate Automation Systems provided verbal advice to the company to lock the gate closed and to put a chain around it so it could not fall.
Two days later, a 59-year-old truck driver leaving the depot was attempting to manually drag the gate closed when it fell and killed him.
It was reasonably practicable for Gate Automation Systems to provide and maintain a system of work that required its workers to apply a "lock out tag out" system, as well as securing the gate with a chain to ensure it could not be manually opened until the drive motor was repaired and reinstalled.
WorkSafe Acting Executive Director of Health and Safety Adam Watson said ensuring machinery and equipment were left in a safe condition during repairs or maintenance should not be left to the discretion of workers.
"It is up to duty holders to ensure appropriate systems of work are in place and in this case some simple safety measures could have prevented a worker losing his life," Mr Watson said.
"This tragic incident should serve as a warning to all duty holders that failing to protect workers and others who could be affected by their actions can have horrific consequences and result in hefty fines."
To manage the risks when repairing or maintaining motorised sliding gates, service providers and technicians should:
- Only disconnect the drive mechanism if it is safe to do so and make sure the gate can be supported in its track by the posts and/or guides. This should include:
- Ensuring appropriate end stops and catches are installed at both ends of travel.
- Where double gates meet in the middle, ensure individual gates cannot pass beyond the centre point and leave the support posts and guides.
- Where required, secure the gate in an open or closed position that prevents the gate from being operated manually.
- Ensure a suitably qualified person completes the repairs as soon as possible.
- Provide appropriate instructions to employers, property owners and/or property managers for the manual operation, or restricted use of the sliding gate during the period of maintenance.
