Big fine for tank fatality
A company has been fined $600,000 following an apprentice's death in Victoria.
Marshall Lethlean Industries Pty Ltd has been sentenced in the Melbourne County Court after earlier pleading guilty to a single charge of failing to ensure, as far as reasonably practicable, that the workplace was safe and without risk to health.
In October 2018, an apprentice, who had been working at the factory less than two weeks, was asked to undertake work inside a tanker.
Another worker had left a welder inside the tanker the day before, along with a wire feeder, which was in a state of disrepair and leaked argon gas overnight, reducing oxygen.
The apprentice died of asphyxiation after entering the confined space of the tanker to conduct the work.
The court found it was reasonably practicable for the company to have provided and maintained a system of work that required a qualified welding inspector to routinely inspect and maintain equipment.
It was also reasonable for the company to require workers to store the welder and wire feeder outside the tanker when not in use, and require workers to turn off the argon gas main at the end of use.
Acting WorkSafe Executive Director of Health and Safety Adam Watson said the incident was an absolute tragedy that could have been avoided.
“The dangers of working in confined spaces are well known and there is no excuse for employers who fail to control the risks,” Mr Watson said.
“This incident highlights just how important simple measures such as maintenance and storage procedures are to keeping workers and workplaces safe. Sadly a failure to do so in this case cost a young man his life.”