Hungry Jack’s and two rubbish contractors have been fined after a man was fatally crushed by a bin.The death of an elderly man who was crushed by a bin outside a Melbourne Hungry Jack’s store has cost the fast food chain and its rubbish contractors $275,000 each.
Rex Haysom, 86, was killed and his wife Moira injured in March 2013 as they crossed the Mill Park store’s car park, past a loading bay where a rubbish truck was emptying a recycling bin.
A Visy Paper driver, contracted by Veolia, had lifted the bin over the top of the truck to empty it and was placing it back on the ground at the front of the loading bay outside the store, just after midday on March 8.
He had checked his surrounds and not seen the couple as they crossed in front of the truck.
They were both struck by the bin and taken to hospital, where Mr Haysom later died.
Judge Trevor Wraight said Mr Haysom’s death had a profound effect on the man’s family, including his daughter who gave the court a victim impact statement.
The driver also made a statement about the severe depression he’d suffered since the incident.
He has been hospitalised several times as a suicide risk and continues to have nightmares.
Judge Wraight said steps had been taken since to reduce the risks, including arranging rubbish pick-up closer to the store opening time to avoid having trucks manoeuvring around the confined car park space during high pedestrian periods.
He said while he believed the incident was reasonably foreseeable, it was on the outer limits.
Hungry Jack’s, Visy Paper and Veolia were each found guilty at trial of failing to ensure a person other than an employee is not subject to risk, under occupational health and safety laws.
Each was fined $275,000.
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