Deniliquin business Murray Constructions fined over workplace death of Brian Taylor

Deniliquin-based Murray Constructions Pty Ltd was last week ordered to pay $450,000 in the Sydney Downing Centre district court for failing to comply with its work health and safety duty, which ultimately led to the death of worker Brian Taylor and seriously injured a colleague.

On September 28, 2020 three workers employed by Murray Constructions were carrying out unloading operations when an excavator bucket fell from a trailer, fatally crushing Mr Taylor and injuring his colleague Brody Street.

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Documents tendered to the court revealed the company failed to comply with two duties - the first of which being that they failed to support or connect loads to the machinery or equipment before the load restraint devices were released.

The company was also found to have breached its obligations by allowing unlicensed people to undertake dogging duties, which includes slinging and directing a load, during unloading operations.

In September 2020, Murray Constructions workers were engaged in the construction of Wonbobbie Road Bridge over the Marthaguy Creek at Tenandra, about 25 kilometres northeast of Warren in the state's north.

Three days before the fatal accident, the company sent an excavator sieve bucket and a 23-metre concrete beam north from Deniliquin to the worksite.

During the voyage, the bucket was placed on top of the concrete beam.

When it arrived at the worksite three days later, both synthetic straps used to secure the bucket in place were damaged by the edge of the concrete beam.

About 5pm on the day of the accident, Mr Taylor arrived at the construction site with the loaded trailer and was directed to park it adjacent to a concrete beam.

No one else except Mr Taylor, Mr Street and supervisor Sandy Norris were at the site at the time.

The three workers began undoing the tie-down chains securing the load, but on noticing the bucket was heavier on the passenger side and at risk of falling when the chains were undone, Mr Norris yelled for the others to stop undoing the chains until a sling from the crane had been secured to the bucket.

Both men stopped undoing the chains and Mr Norris got into the crane, bringing the boom around and placing the crane hook and sling over the bucket.

However one of the securing chains had already been released, leaving just one left holding the bucket to the beam.

At the supervisor's direction, Mr Street climbed onto the beam to sling up the bucket with a D shackle, all the while Mr Taylor was not in his line of sight.

Before Mr Street could put the pin in the D shackle, all the tension on the remaining chain released and the bucket fell 2.4 metres, knocking Mr Street to the ground and pinning Mr Taylor against the concrete beam on the ground beside the trailer.

An ambulance arrived about 5.45pm but they were unable to rescue Mr Taylor and he died at the scene.

A post-mortem radiology revealed extensive crushing to his chest and spine.

Meanwhile, Mr Street suffered multiple injuries including to his hip and sustained post-traumatic stress disorder as a result of the incident, leaving him unable to work for three months.

In May 2022, SafeWork NSW took Murray Constructions to court over the incident.

During proceedings, court documents revealed Mr Taylor had worked with the company since 2015 and was a "valued family friend as well as employee."

The court heard an aggravating factor of the incident was that it had caused substantial "injury, emotional harm, loss or damage."

In April, Murray Constructions pleaded guilty for failing to comply with their work health and safety obligations under the Work Health and Safety Act, exposing Mr Taylor and Mr Street to a risk of death or serious injury.

While the defence counsel admitted responsibility for the offence, it said there would still have been a risk.

The company's legal representation argued despite failing to take the two "reasonably practicable measures" it was required to take, while they would have "no doubt minimised the risk, they would not have eliminated [it]."

Until this incident, Murray Constructions had no previous criminal convictions, which the court acknowledged as "an impressive record given the length of time it has been in business in a heavy and potentially dangerous industry."

During the criminal proceedings, the court also heard from a number of family members of the deceased, with one recalling the day Mr Taylor died as the "worst day of her life."

The court heard he was a "loving father and grandfather" and that his death has had a profound impact on the family.

Murray Constructions was convicted and fined $450,000 after a 25 per cent discount to reflect the early guilty plea, with Magistrate David Russell ordering the company to pay half the fine to the prosecutor.

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