A Riverina quarry has been convicted and fined over a 2021 incident. Photo: Gunlake Quarry.
A Riverina quarry has been fined over the death of a contractor after he was struck by a forklift.
Self-employed contractor Matthew Richens arrived at West Wyalong Quarry on 24 May 2021.
He had been engaged for welding and fabrication works at the site, including during the installation of new machinery.
In the NSW District Court, Judge Andrew Scotting found Regional Quarries Australia (RQA) had failed to provide a safe environment as people and vehicles moved around the quarry.
“The offender knew of the availability of the way in which to minimise the risk [during the installation] … Those matters were simple, well-known and not particularly expensive.”
According to Judge Scotting’s decision, RQA workers were installing the new machinery at a site about one kilometre from an office, with a nearby thoroughfare used by multiple vehicles.
Mr Richens knelt to pick up items that had been left on the ground in the thoroughfare when another employee drove a forklift in a U-turn and struck him.
Judge Scotting found that, at the time, “no exclusion zones had been established, no exclusive travel routes had been delineated and/or constructed for pedestrians/ground workers or for vehicles moving in and about the thoroughfare”.
“Further, no markers (other than the traffic cones referred to), fencing or barriers had been erected to mark out the construction area.”
He also said the construction and installation of the new equipment were addressed in multiple monthly safety meetings.
The court heard that in the minutes from a monthly safety meeting, it was written that “Big machines don’t see little people” and other entries encouraged people to use handheld radios for safety.
However, Mr Richens wasn’t given a handheld radio.
Ultimately, Judge Scotting found the prosecutor couldn’t establish that Mr Richens’ death was caused by the breach of the law.
“[The court found] only that he was exposed to a risk of death or serious injury.”
Judge Scotting said that, following Mr Richens’ death, RQA had taken “remedial steps” to improve its processes.
At West Wyalong Quarry, these included the installation of pedestrian barriers, the creation of a parking area for light vehicles and updates to its risk assessment document.
A new safety co-ordinator position was created in 2022, and the person hired for that role reviewed the company’s safety measures across all of its sites.
Judge Scotting described the company as a “good corporate citizen” and said it had good rehabilitative prospects.
“The offender acknowledges the deep impact the incident has had not only on Mr Richens’ family, but on the community, industry and the [quarry operator],” he said.
“The incident has had a profound impact on all employees and contractors at the quarry.”
The court heard the company had paid for Mr Richens’ funeral and cooperated with a SafeWork NSW investigation.
Judge Scotting convicted RQA of failing to comply with a health and safety duty, thereby exposing the victim to a risk of death or serious injury.
He also reduced the company’s fine by 25 per cent for its early guilty plea.
It means RQA will have to pay a $300,000 fine, as well as the prosecutor’s costs.
Half of the fine will also be paid to the prosecutor, according to the decision.
Original Article published by Claire Sams on Region Riverina.
