Two companies charged after fatal tailgate fall

The 55-year-old man sustained serious head injuries and later died in hospital after falling 1.2 metres from a live edge of the tailgate while loading linen trolleys into the truck.

Rodrigues Transport Pty Ltd faces one charge under section 21(1) of the Occupational Health and Safety Act of failing to provide and maintain a safe workplace, and one charge under section 26(1) of the OHS Act of failing to ensure a workplace under its management or control was safe and without risks to health.

WorkSafe alleges the company failed to eliminate or reduce risk of serious injury or death by failing to install safety rails on the truck’s tailgate, and by failing to implement a procedure requiring their use.

Ensign Services (Aust) Pty Ltd faces one charge under section 26(1) of the OHS Act of failing to ensure a workplace under its management or control was safe and without risks to health.

WorkSafe alleges the company failed to eliminate or reduce risk of serious injury or death by failing to install swing gates at the loading dock for use with trucks without tailgate safety rails.

Both matters are listed for a filing hearing at Melbourne Magistrates' Court on Tuesday 10 June.