$800,000 Fine for Unsafe Roadside Work

A trucking company has been fined $800,000, plus court costs, over a fatal accident that occurred in July 2021. A driver was struck by another truck while they were swapping trailers on the roadside.

The court heard that up to 11 trucks at a time frequently swapped trailers near a busy (100kph) highway.

Previously, the logistics company swapped trailers at a BP service station in Clybucca, NSW, but when the service station closed, they began swapping trailers on the shoulder of the adjacent road.

About 140 changeovers were being conducted on this stretch of road each week.

The changeover area was poorly lit, with poor road surface condition, and more importantly lacked sufficient space to accommodate the number of trucks. Investigations found the drivers often had to stand on the active lane of the road to complete their tasks.

The court concluded “given the area was near oncoming traffic in a 100kph speed zone, and the task required workers to stand on or near the roadway, it was foreseeable that workers would be exposed to significant risk of being struck by passing traffic while conducting the changeover”.

These types of tragic accidents continue to occur, and we recommend every business with people driving in the course of work implement a safe roadside work protocol.

*Court case per SafeWork NSW v Scott’s Refrigerated Logistics Pty Ltd, March 2024.