A grain transporter in Gippsland Victoria has been convicted and fined $350,000 after a truck driver died when he fell almost four metres from the top of a trailer.

D&A Martin Transport was sentenced in the Melbourne County Court after pleading guilty to a single charge of failing to provide and maintain plant that was safe and without risks to health.

In January 2022, the 60-year-old truck driver was collecting a load of grain at a Maffra depot, a task that required him to climb on top of the trailer to check the hatches.

Both sides of the trailer were fitted with guard rails which were raised by flicking a switch.

However, the front section of the right side guard rail failed to raise, so that when the driver reached out for it while leaning forward, he overbalanced and fell about 3.9 metres from the top of the trailer to the concrete ground below.

He was found unresponsive by another worker and died in hospital the following day.

WorkSafe Victoria’s investigation found the guard rail failed due to a lack of inspection and maintenance and repairs that had previously been made were poorly done.

The court found it was reasonably practicable for the company to have implemented a qualified inspection and maintenance regime for the guardrails, and to have ensured any faults were competently repaired or the guardrails replaced in accordance with Australian Standards if repairs were not enough to make them safe.

The case highlighted the potential consequences when employers neglected proper maintenance, according to WorkSafe Victoria executive director of health and safety, Sam Jenkin.

“It is not enough for employers to have a fall prevention device in place; they must also make sure they are in good working order to do the job they have been designed to do,” Jenkin said.

“Falls from height remain a leading cause of death and serious injury in Victorian workplaces and WorkSafe will take action against any employer that fails to take the risks seriously.”