Under Work Health & Safety (WHS) legislation, a person conducting a business or undertaking (PCBU) has a primary duty of care to ensure, so far as is reasonably practicable, the health & safety of workers. A crane company found guilty was fined $400,000 by WorkSafe Victoria due to the business’ significant departure from the duty owed resulting in a death & worker injuries. This tragic situation is an important reminder for all businesses to ensure they comply with WHS requirements.

Clark Cranes Pty Ltd was contracted to provide a tower crane for a construction project. The crane was transporting a kibble containing wet cement when the hoist ropes suddenly snapped, causing the kibble to plummet into a nearby work area. As a result, one worker was severely injured, another suffered minor injuries, and a third worker who was assisting with the concrete pour tragically lost their life.

Subsequently, Clark Cranes was charged with two counts of negligence: failing to ensure the safety of the equipment provided to the construction site and failing to ensure that the equipment was erected in a manner that guaranteed safe usage. Clark Cranes had neglected to inspect the hoist rope assembly and lacked any procedures for conducting such inspections.

Despite pleading not guilty to both charges, Clark Cranes was found guilty of the first charge and received a fine of $400,000.

This unfortunate incident serves as a sombre reminder of the importance of implementing proper workplace health and safety protocols. It is crucial to have well-documented procedures, inspection protocols, and to ensure that all equipment is routinely inspected and maintained to guarantee safe usage.

For further information please refer below or contact our team.


Source: WorkSafe Victoria

Title: Clark Cranes Pty Ltd

Read time: 5 minutes