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View our expertiseOur insurance brokers’ approach to risk management solutions helps you to achieve the right level of insurance cover.
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View allA business owner’s attempt to contain costs by performing maintenance on his fleet of trucks sadly proved fatal for one of his drivers, earning him and another employee who assisted with the repairs the maximum penalties under Work Safe laws. The case is a cautionary lesson on the importance of following legal requirements in relation to critical work being performed by properly qualified people.
The driver had received no formal or supervised training in the handling of water trucks, which have unique handling characteristics especially in difficult conditions such as a steep or curved descent.
The truck had last undergone a major inspection and servicing by an external mechanic in December 2015. Subsequently the business owner and an employee had performed some maintenance and repair work for the company's fleet of trucks and had worked on the water tanker, but neither were qualified mechanics.
The specialist investigator said the truck failed to meet National Heavy Vehicle Inspection Manual standards and VicRoads roadworthy compliance requirements. It was found to have excessive brake imbalance and brake drum wear, and the brakes were improperly adjusted and worn beyond serviceable limits.
The court found the business owner guilty under the Occupational Health and Safety Act of failing to provide and maintain safe plant. The company was fined $388,650 and the employee involved in the unqualified maintenance work on the truck was fined $77,730, the maximum penalties available.
Business owners have a duty of care for their employees and must comply with regulatory standards in order to operate legally. That includes only allowing qualified people to perform specialised tasks and ensuring the equipment and vehicles that employees use is regularly serviced by professionals.
To manage risks employers should
Source: WorkSafe Victoria
“Many owner-operators see themselves as having the mechanical expertise – but not the qualifications – to meet maintenance and servicing requirements,” says Gallagher Newcastle Area Director Mark Bramley. “They may be looking to cut costs in the short term by attempting to do repairs themselves but as shown by this case it’s a solution that doesn’t work in the long term.
“The same applies with insurance protection for fleet operators. If things do go seriously wrong unexpectedly, the following types of insurance are crucial to covering the costs involved.”
If your business involves transport, getting the right policies and extensions of cover is critical, and this can be a complex area to navigate. Need advice? We are here to help.
Transport and logistics insurance
What insurance do I need for my business vehicles?