A crane company has been convicted and fined $400,000 after a worker died when a large container filled with concrete fell on him at a Melbourne building site.
Shaun Burns was killed and two other workers injured — one left a paraplegic — in 2018 after the mechanism securing the container failed at the Box Hill site. Clark Cranes was subsequently found guilty of two workplace safety charges during a trial in the County Court.
The cause of the equipment failure was a missing split pin, which would ordinarily secure a bolt on the crane's hoist mechanism.
In sentencing Clark Cranes, Justice Gavan Meredith said the crane was imported from a reputable manufacturer in Italy, and it was understandable that Clark Cranes would rely on the manufacturer to ensure the mechanism was secure.
Judge Meredith also said the relevant Australian safety standards at the time did not mention the need to check whether the split pin was present.
However, he said it "would have been obvious to a competent person" that the split pin was an essential safeguard.
In handing down the sentence, Judge Meredith noted Clark's "professionalism and good safety record", and described the company as a "good corporate citizen" that had taken substantial steps since Mr Burns's death to ensure a similar tragedy did not occur.
The maximum fine for the offence Clark was found guilty of is $1.42 million.
Victim's mother unable to view body
In a victim impact statement, Mr Burns's mother Jocelyn Collins said she was out shopping when she received a call informing her of her son's death. So bad was the shock, she collapsed to the ground.
"Time stood still. It was so distressing," she said.
Ms Collins said the family's grief was compounded by the fact they were unable to view Mr Burns's body properly at the coroner due to the injuries he sustained.
"It was just his hand I saw. I felt incomplete as a mother just seeing that small part of him," she said.
After the tragedy, Mr Burns's sister Samantha was appointed to a government committee made up of people with lived experiences of serious workplace incidents. Their work helped influence laws and WorkSafe policies.
"I feel sad, angry, despondent and frustrated that the system allows companies who kill people at work to function normally until there are any consequences," Ms Burns told the County Court.
She said the loss of her brother was "felt and known every day".
"He was a wonderful uncle to our children," she said.
Clark Cranes' lawyer David Carolan said the company had taken steps to ensure the same machinery fault that caused the collapse would not occur again.
"Safety is a primary concern for the people running the company," he said.
