The defence contractor behind the popular Bushmaster and Hawkei protected mobility vehicles has pleaded guilty in a Victorian court over the death of a worker.
Thales Australia builds the Bushmaster and Hawkei protected vehicles at its North Bendigo factory in regional Victoria.
The protected mobility vehicle, along with its lighter Hawkei vehicle, has found global recognition as Ukraine uses them in its war against Russia.
Joe Kane, 50, had been a painter at Thales Australia for 11 years and was about to move a subframe of a two-door Hawkei light protected mobility vehicle from the day before, when it fell from its fixings and killed him on the morning of July 2, 2020.
Partner tells court: 'My whole world was turned upside down'
Mr Kane's partner, Jackie Robertson, told the Bendigo Magistrates Court this morning that ringing their children was "the most horrible and hardest thing I've ever done in my life".
"My whole world was turned upside down. I wasn't sure if I could make it through my life without Joe," she said.
"My heart was broken and I needed some time off [work] for many months as I was trying to come to terms with Joe not being here in my life."
Mr Kane also leaves behind three daughters.
"Joe was all about safety at work," Ms Robertson said.
"He had told me over the years that he had prepared minutes for safety meetings in his area and was very diligent with safety and filling out hazard forms."
Hawkei subframe unbolted by colleague before it slipped
ComCare alleged Mr Kane's death happened when an unsecured subframe for a two-door Hawkei and base plate, weighing almost a tonne, fell on him in the facility's paint shop because safety operating protocols were not known or good enough.
The court heard Mr Kane had gone to get a forklift so they could move the Hawkei subframe.
In the meantime, another worker undid the bolts holding the subframe to the paint positioner and placed it in the upright position before moving on to another subframe.
The court was told moments later the other worker heard "a loud bang" and saw Mr Kane on the ground underneath the subframe.
The Director of Public Prosecutions for the Commonwealth told the court a mechanical and consulting engineer had determined that the incident occurred because Joe Kane was able to operate the positioner despite the four bolts having been removed.
Prosecutor Samantha Holmes told the court that as soon as the unbolted subframe was moved from the vertical position, it could slide off the positioner and that locks to prevent this were readily available before the incident.
Appearing in court on behalf of Thales Australia, the company's defence lawyer, Amanda Dickens, told the court that it was generally thought the operating safety protocols were practicable at the time and a risk assessment had been done on the paint positioners.
"Thales has taken this matter very, very seriously. Thales are deeply sorry for the loss of Joe Kane," Ms Dickens told the court.
"Mr Kane was a highly valued and long-serving employee of Thales.
"His loss has been felt not just in Bendigo but nationally and internationally throughout the company.
"Thales acknowledges the significant impact the incident has had and continues to have on Joe Kane's family, friends, and workmates.
"They are deeply sorry for these impacts. Thales recognises that nothing can bring Joe Kane back or reverse the tragic consequences of the incident in July 2020."
Safety issues raised by workers
The court heard workers and health and safety representatives had raised the safety of the paint positioners with management and that the issue continued to remain on the group's agenda for future meetings.
The court heard the spray painter working in the painting bay on the morning of Mr Kane's death told ComCare investigators he was trained on the job by Mr Kane and only became aware of safety operating protocols after the incident.
Thales Australia told the court it had improved safety operating protocols since Mr Kane's death, including introducing an isolator that shuts off electricity so the positioner cannot be moved, and placing safety operating protocols near each machine.
It told the court it had also introduced a tether for the remote to operate the paint positioner, so that the worker cannot be within striking distance when turning the subframe.
Ms Dickens said hindsight reasoning was not helpful when determining whether a risk assessment done on the paint positioner was not fair or reasonable and could not say why the issue of lining up the base plate and the subframe raised by workers was not acted on.
"The plea is failing to reinforce that training after that date [when workers started in the new workshop], it's not that we didn't have something in place prior to that day," she said.
The maximum penalty for the charge is a $1.5 million fine.
Magistrate Trieu Huynh will hand down a sentence at the beginning of June.
