Lara forklift tragedy: Michael Gorman placed on adjourned undertaking

A tragic Lara forklift accident that left a man dead could have been prevented if “simple steps” had been taken, a County Court judge has said.

The tragic accident took place at Air Radiators in Lara in October 2021.

Simple steps could have been put in place to prevent a tragic forklift accident, a court has heard.

Michael Gorman, 53, was convicted in the County Court at Geelong on Friday and placed on a six-month adjourned undertaking by Judge Gerard Mullaly.

Gorman had pleaded guilty to a single charge of failing, as an employee, to take reasonable care for the health and safety of a fellow employee, 49-year-old Glenn Humm.

The father-of-two was killed after a heavy metal stillage that Gorman had been carrying on a forklift fell and crushed him.

Michael Gorman

Both men, employees at Air Radiators in Lara, had been tasked with clearing space around a guillotine on Saturday, 16 October 2021.

The 1.3 tonne stillage was the last item to be moved.

In his sentencing remarks, Judge Mullaly said no job safety analysis had been undertaken, with Gorman only given “broad instructions”.

“This was, in my view, an example of two, hardworking, responsible, safety-conscious men doing their best to do a one-off job,” Judge Mullaly said.

“The tragedy that unfolded … was completely avoidable if simple steps were taken.”

Judge Mullaly said the stillage could have been emptied and then moved safely, “even if it took longer” and strategies “would and should have been put in place”.

Judge Mullaly said Gorman acted with “considerable skill” to get the stillage off Mr Humm after it fell, despite being in “utter shock”.

Glenn Humm.

Judge Mullaly described the unending, “keenly felt” grief and profound impact Mr Humm’s death had on his loved ones, including his partner and two children.

He told Mr Humm’s family, who were in court, the sentence imposed on Gorman was in no way a measure of his life.

Judge Mullaly said Gorman’s offending was “far below what is often seen in these courts” as he was not “engaging in outrageous or dangerous skylarking” nor was he breaching any direct warnings or instructions given prior to the accident.

Moreover, the accident has had a devastating impact on his own life and family, the court heard, with Judge Mullaly satisfied he felt “real and genuine remorse”.

Gorman’s wife found him sobbing and in an incoherent state on the day of the accident, repeating the phrase, “he’s got two kids”, Judge Mullaly said.

Gorman has since been diagnosed with post-traumatic stress disorder and major depressive disorder, suffering debilitating symptoms and rarely leaving the house.

The impairment to his function was such that it was a significant mitigatory factor, Judge Mullaly concluded, noting his symptoms had only gotten worse.

Since the accident, he has been unable to work, placing financial strain on the family as he had been the breadwinner.

Given his financial circumstances, a fine wouldn’t be appropriate and a community corrections order (CCO) would “likely be futile and, in aspects, cruel”, Judge Mullaly said.

If he hadn’t pleaded guilty, Judge Mullaly said Gorman would have faced a lengthy CCO and a substantial fine.

Originally published as Lara forklift tragedy: Michael Gorman placed on adjourned undertaking