A Victorian construction company has been fined $80,000 after a worker was killed by a skid steer loader operated by an intoxicated colleague during an after-work drinking session at the company’s depot.
The asphalt company was sentenced in the Victorian County Court yesterday following the tragic incident that occurred on 7 September 2022 at a Bangholme depot, which resulted in both workplace safety prosecutions and a manslaughter conviction.
The Fatal Incident
Four workers from the asphalt company and a related company remained at the depot after their shift to consume alcohol. During this time, a 51-year-old worker entered a skid steer loader and began operating it erratically, driving toward his colleagues in what the Supreme Court later described as “foolishly and tragically playing chicken.”
The operator initially attempted to use the loader’s bucket to knock a seated colleague from his chair before driving at him “full throttle.” The victim was run over and pinned beneath the machine, sustaining fatal injuries.
Police testing revealed the operator had a blood alcohol concentration of at least 0.122 percent – more than twice the legal driving limit.
Court Proceedings and Sentencing
The operator was charged with manslaughter by criminal negligence under the Victorian Crimes Act and sentenced to seven years imprisonment in 2024, with a non-parole period of four years. The Supreme Court rejected his claims that the incident was accidental, finding he was engaged in dangerous skylarking behavior.
The asphalt company faced charges under sections 21 and 23 of the Victorian Occupational Health and Safety Act for failing in their duties to employees and other persons. The company pleaded guilty and received the $80,000 fine without conviction, representing a relatively modest penalty from the maximum available penalty of over $3.3 million.
Workplace Safety Failures
The County Court heard that the company’s safety failures centered on inadequate security measures for mobile plant equipment. The company’s standard practice was to leave keys in the ignitions of skid steers and other machinery so workers could access them at any time.
On the day of the fatality, the company director used the skid steer for legitimate work purposes but left the key in the ignition when departing, despite the vehicle not being required for further work that day.
The Court determined the company should have implemented proper key management protocols, including:
- Secure storage of operating keys in a lockbox when plant is not in use
- Restricted access to keys for authorised employees only
- Provision of keys solely to trained and authorised operators
Judicial Commentary on Alcohol Risk
While the Court noted that the extreme nature of the operator’s behavior—rising to the level of criminal negligence—was only “just foreseeable,” it emphasized that employers should recognize how alcohol consumption can escalate workplace risks.
The County Court observed that alcohol consumption was clearly relevant to the incident and that the company should have been aware of both this risk and the related danger of unauthorized plant operation.
The Court noted the operator’s maturity—being in his 50s rather than an “impetuous adolescent”—but found this did not diminish the employer’s responsibility to implement proper safety systems.
Industry Warning
WorkSafe Victoria Chief Health and Safety Officer stressed the broader lessons for employers: “Skid steers and other mobile plant are not toys and can be extremely dangerous in the wrong hands, including anyone under the influence of drugs or alcohol as well as those who don’t have appropriate training.”
“Employers need to do everything reasonable to secure equipment and ensure it is only used for authorised work by appropriately trained workers,” the officer added.
Key Takeaways for Employers
This case highlights several critical workplace safety considerations:
- Mobile plant security protocols must prevent unauthorized access, particularly during after-hours periods
- Key management systems should restrict equipment access to trained, authorized personnel only
- Employers must consider how alcohol consumption at workplace premises can amplify existing safety risks
- Even “unforeseeable” extreme behavior doesn’t absolve employers of their duty to implement reasonable safety measures
The case serves as a sobering reminder that workplace safety responsibilities extend beyond normal working hours, particularly when company premises remain accessible to workers and dangerous equipment is present.
Note: The operator could not be charged under Victoria’s workplace manslaughter provisions as those only apply to officers of organizations, not regular employees.
