Published: 17 February 2025
Supagas Pty Ltd was sentenced without conviction in the Melbourne County Court on Thursday 13 February after earlier being found guilty following a jury trial of failing to provide a safe work environment and failing to ensure persons other than employees were not exposed to health and safety risks.
In January 2019, a Supagas truck driver was travelling on the Eastlink toll road when a wheel dislodged and the heavy vehicle lost control and rolled, causing about 200 gas cylinders to spill across the roadway.
The driver was taken to hospital with minor injuries while the tollway was closed in both directions for a number of hours due to the risk of explosion.
WorkSafe's investigation found wheel nuts on the truck had not been properly tensioned, causing an outer wheel to separate from the wheel assembly.
During the trial, WorkSafe alleged it was reasonably practicable for Supagas to have provided and maintained a system of work for ensuring wheel nuts of heavy vehicles were properly tensioned, including by:
- requiring the driver to check for visible damage to the wheel mounting condition as part of pre-start checks and report any damage to management so it could be rectified;
- using wheel nut indicators so drivers could check wheel nuts were properly tensioned and arrange for re-tensioning if required;
- requiring drivers to conduct and document a physical check of the wheel assemblies at an interval of between 50 and 100 kilometres from the start of a shift following a relevant service; and
- ensuring that monthly checks and re-torques, if required, were undertaken by a qualified mechanic or tyre and wheel company.
WorkSafe Executive Director of Health and Safety Sam Jenkin said the failure to implement basic safety checks of the wheel nuts had put the driver and members of the public at significant risk.
"The outcome here could have been catastrophic, not only for this company's worker but for other road users and the emergency services members who responded," Mr Jenkin said.
"This case should serve as a warning to other companies that there is both a human and financial cost for those who fail to ensure the vehicles they are putting on the road are safe and not putting workers or the public at risk."
To manage work-related vehicle risks employers should:
- Ensure appropriate safe systems of work are in place and that these are regularly monitored, reviewed and, if necessary, revised.
- Ensure regular vehicle inspections, servicing and maintenance are undertaken by suitably competent persons in accordance with the manufacturer’s recommendations.
- Ensure pre-operations checks are conducted daily on essential components such as brakes, steering, tyres (including pressure), indicators, oil leaks and suspension and have defects rectified by competent persons.
- Not allow untrained, unlicensed or inexperienced people to operate vehicles.
- Communicate all safety information to drivers and others (eg load information for those responsible for loading and driving vehicles) to enable them to perform their work in a way that is safe and without risks to health.