Transport company fined $330,000 over laundry death

A transport company has been convicted and fined $330,000 after a driver died following a fall from a truck's elevated tailgate at a commercial laundry in Dandenong South.

Rodrigues Transport Pty Ltd, now in liquidation, was sentenced in the Melbourne County Court today after earlier pleading guilty to a single charge of failing to provide and maintain a safe workplace.

The court heard the company was engaged to support laundry collection and delivery operations by providing vehicles and approved truck drivers.

On arrival at the Dandenong South laundry, drivers would reverse into a dock and lower the truck’s tailgate to form a bridge which was then used to load or unload linen trolleys.

In June 2023, two drivers were working in neighbouring docks when one heard a loud noise and realised the other driver had fallen approximately 1.2 metres from an elevated tailgate onto the concrete floor.

The 60-year-old man was taken to hospital but later died from his injuries.

A WorkSafe investigation found the truck involved in the incident did not have fall protection safety rails installed on the tailgate at the time.

It was reasonably practicable for Rodrigues Transport to reduce the risk of serious injury or death by installing safety rails on the truck's tailgate and implementing a standard operating procedure that required their use and identified the procedure for doing so.

WorkSafe Chief Health and Safety Officer Sam Jenkin said a relatively simple measure could have saved the worker's life.

"This incident is another tragic example of workplace harm that could have been avoided with appropriate fall prevention controls in place," Mr Jenkin said.

"Deadly falls can happen in any industry so it is critical for all Victorian employers to have systems and processes in place to identify risks and ensure workers have the information and tools to safely undertake their tasks."

The commercial laundry's operator, Ensign Services (Aust) Pty Ltd, was also convicted and fined $270,000 in the Melbourne Magistrates' Court last October in relation to the incident.

To prevent falls from height employers should implement the highest possible measures from the five levels in the hierarchy of controls:

  • Level 1 Eliminate the risk by, where practicable, doing all or some of the work on the ground or from a solid construction.
  • Level 2 Use a passive fall prevention device such as scaffolds, perimeter screens, guardrails, safety mesh or elevating work platforms.
  • Level 3 Use a positioning system, such as a travel-restraint system, to ensure employees work within a safe area.
  • Level 4 Use a fall arrest system, such as a harness, catch platform or safety nets, to limit the risk of injuries in the event of a fall.
  • Level 5 Use a fixed or portable ladder, or implement administrative controls.