Company fined over fatal crash
Waste management company Transpacific Industries has been fined $363,000 for breaching federal work health and safety laws over an accident in the Swan Valley that left a 71 year-old dead.
The woman died after a rubbish truck ploughed into a jiffy van at a set of traffic lights in West Swan Road in Caversham, which then crashed into her car in February 2011.
It was later found the truck driver had tried to stop, but the vehicle's front brakes failed to operate properly, resulting in the collision.
Federal work health and safety regulator Comcare brought a Federal court action against Transpacific, alleging that on four occasions they failed to carry out adequate brake maintenance on the garbage truck which collided with the car.
Today, Justice Michael Barker handed down the massive financial penalty – which is believed to be the first time multiple breaches of Commonwealth work health and safety laws have been found against an employer in regard to an ongoing risk to health and safety.
Justice Barker found that Transpacific breached the federal Occupational Health and Safety Act, by failing to control the risks to protect the health and safety of Transpacific's employees and other road users.
Investigations identified systematic failures in Transpacific's vehicle maintenance practices in relation to the truck, with Comcare taking enforcement action to rectify the situation.
"This case showed ongoing, systematic failures in safety practices," Comcare's Chief Executive Officer Jennifer Taylor said.
"It's also a reminder that in such cases, Comcare will not just consider the final result. We will examine every opportunity a company has had to fix these issues, and we will take appropriate enforcement action."
