Heavy diesel mechanic Ty Drummond, 25, died at the South Boulder workshop of ATS Mining Maintenance on December 11, 2023 when he ended up instructed to remove the front axle from a mining truck, known as a Sandvik TH663, according to WorkSafe.
It appeared a deflated front left tire caused the truck to lean at an angle, and when Drummond went under it to start working, the jack supporting the truck failed and he suffered fatal injuries.
Defense lawyer Sarah Harvey appeared for the company in the Kalgoorlie Magistrates Court on Friday, September 25 and entered a guilty plea on its behalf.
The charge, under the Work Health and Safety Act 2020, has since been amended to a PCBU (person conducting a business or undertaking) failed to comply with a health and safety duty under section 19, which caused the death or serious harm to a worker.
Delays in Case
The case has been to court seven times since the company ended up charged, with the defense and prosecution requesting several adjournments for negotiations over the past seven months.
Prosecutor Ethan Heywood told the court the reason for the delays was “broader alleged failings” by the company, including a documented risk assessment for working under an elevated truck.
WorkSafe said the company also failed to provide adequate instruction or supervision, or use a suitable work lift crane alongside jack stands to support the truck.
Heywood, from the State Solicitor’s Office, told the court the maximum penalty for the charge was a $3.5 million fine.
Lawyers for both parties agreed the sentencing hearing would likely take up to half a day. Harvey said the defense would file “extensive mitigation material” for the sentencing hearing.
Magistrate Donna Webb adjourned sentencing until February 10.
She told the court the case represented a “complex sentencing exercise,” and she would “look at other case law” to consider the penalties.