Recycal Pty Ltd: Massive fine for 7m fall at Rocherlea facility

A mainland company with facilities in the state's north and south has learnt its fate after previously pleading guilty to two charges brought by WorkSafe Tasmania. The worker was left in a two-and-a-half week coma.

Recycal Pty Ltd's Rocherlea facility. Picture: Facebook

UPDATED: A metal recycling company with facilities in Tasmania's north and south has been slugged $85,000 and had convictions recorded after it pleaded guilty to unsafe practices leading to a worker's seven metre fall.

Melbourne-headquartered Recycal Pty Ltd, which operates from Rocherlea and Derwent Park, previously pleaded guilty in Launceston Magistrates Court to breaching a workplace health and safety duty and failing to preserve the scene of an incident.

The incident occurred at Recycal’s Rocherlea facility on George Town Rd on June 30, 2019, the court previously heard.

Site supervisor Brett Rowe, the son of managing director Doug Rowe, and the fall victim were the only two men on-site on the morning of the incident, the court was told.

The victim had used a Genie boom lift to climb on top of an upended shipping container, where he was to latch it shut after it was filled with scrap metal, but he instead fell. He suffered catastrophic injuries and was in a coma for two-and-a-half weeks. The man continues to work at the company.

The court previously heard the Genie boom lift required the wearing of a harness, its use was to be recorded in a log, and users were not to lean out of the bucket. None of this occurred.

On Monday, Launceston Magistrate Sharon Cure fined the company a global sentence of $85,000, with convictions recorded.

"It was a foreseeable accident from an inherently dangerous practice. It was a risk that materialised. It was neither burdensome nor complex (using the Genie boom lift safely) and able to be done immediately after the incident," Ms Cure said.

She noted Recycal was generally a good corporate citizen which made a positive contribution to the community.

Ms Cure noted the company had made "considerable changes to its system of work beyond just addressing specific risk".

EARLIER: A metal recycling firm with facilities in Hobart and Launceston has pleaded guilty to unsafe practices which led to an employee’s seven metre fall from an upturned shipping container, leaving the man in a coma for more than two weeks.

Melbourne-headquartered Recycal Pty Ltd, which operates from Rocherlea and Derwent Park, pleaded guilty in Launceston Magistrates Court on Tuesday to breaching a workplace health and safety duty and failing to preserve the scene of an incident.

Charges of failing to notify WorkSafe Tasmania and failing to provide medical aid were dropped.

The incident occurred at Recycal’s Rocherlea facility on George Town Rd on June 30, 2019.

Site supervisor Brett Rowe, the son of managing director Doug Rowe, and the fall victim were the only two men on-site on the morning of the incident, the court was told.

Mr Rowe was operating a machine lift to place recycled metal into a shipping container stood on its end while the other man, Steve Hickey, used a Genie boom lift to guide Mr Rowe.

The court heard that it was common practice for the operator of the boom lift to, once the container had been filled, to exit the lift and stand at the top of the shipping container, which they would then latch shut.

The boom lift required the use of a harness and users were not able to lean out or exit it while in operation. Its use was also required to be recorded in a logbook. None of this occurred, the court was told.

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Mr Hickey fell approximately 7m while attempting to latch a container shut. He sustained injuries to his head, ribs, back and torso. He required neurosurgery and was in a coma for approximately two-and-a-half weeks.

The court was told Mr Hickey was absent from work until December. He continues to be employed at Recycal’s Rocherlea facility.

Recycal did not notify WorkSafe Tasmania of the incident until 3pm on July 1.

When officers attended the incident site the following day, they discovered the scene had not been preserved: the Genie boom and machine lift had been moved, while the shipping container had been sealed and laid flat.

In mitigation, the court heard Recycal provided WorkSafe Tasmania CCTV of the accident, proving there was “no intention to hide what had happened”.

The court was told the Rowes were “devastated by what happened on their watch (and) accept responsibility” and that they had provided extensive support to Mr Hickey, who remains “emotionally affected” despite the fact he has been able to resume work with the company.

The company had no relevant prior convictions.

Magistrate Sharon Cure adjourned the matter to consider the penalty to be imposed.