Vic: Company fined $30,000 over forklift death

AAP General News (Australia)
12-02-2005
Vic: Company fined $30,000 over forklift death

By Heather Gallagher

MELBOURNE, Dec 2 AAP - A locomotive maintenance company was ordered to make charitable
donations totalling $30,000 today over an accident in which a worker was crushed to death
beneath a fallen forklift.

Rail Technical Support Group (Australia) Pty Ltd pleaded guilty in the Victorian County
Court to two counts of failing to provide a safe workplace after the accident killed part-time
labourer Truong Deth Khammy on January 15, 2003.

Judge Peter Gebhardt adjourned the case without conviction for three years, ordering
a payment of $15,000 to the Royal Children's Hospital Fund and a further $15,000 to the
Cambodian Community Welfare Centre.

"I am satisfied that this is not a delinquent company and, indeed, I accept that it
is committed to a safe workplace," he said in his sentencing.

"What occurred on 15 January 2003 - now nearly three years ago - was a most regrettable
and sad accident and one which involved a valued worker.

"It was an accident arising from inadvertence rather than a negligent failure to adhere
to safe systems."

At the time of the accident, Mr Khammy had been asked to crush a number of 44 gallon
drums and place them in a scrap metal bin.

The court heard that while he was trying to accomplish this task he drove the forklift
over an uneven area of railway line.

The forklift became unbalanced, and Mr Khammy jumped out, but as it overturned he was
crushed beneath the overhead guard of the forklift and died instantly.

Justice Gebhardt said the company had offered its sympathies to Mr Khammy's widow.

"The Victim Impact Statement is an eloquent and sad cry from the victim's wife whose
life has been denied her faithful and devoted partner," he said.

The company was given until January 23 to pay the fine.

Company representatives present in court today declined to comment on the sentence.

AAP hmg/ce/jt/sd

KEYWORD: RAIL

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