Company fined after worker crushed to death in Sydney

A company has been fined more than half a million dollars after a worker was crushed to death at its Sydney worksite.

Mishaal Prasad was one of two people moving an almost-9000kg steel beam using an overhead crane when the beam fell on him at a Smithfield site, in Sydney’s west, in July 2020.

At the time of the incident, Prasad had been working as a boilermaker at MHE-Demag Australia Pty Ltd, having been on placement with the company via Option One Construction Pty Ltd.

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MHE-Demag Australia was sentenced over Prasad’s death on Tuesday, having pleaded guilty to failing to comply with the health and safety duty, exposing an individual to a risk of death or serious injury.

The company was involved in designing, manufacturing and maintaining of a range of mechanical handling equipment including industrial cranes and hoists, lift trucks, dock levellers, building maintenance units, construction equipment and automated car parking systems.

Among other things, Prasad was tasked with fabricating steel structures.

On the day of the incident, he was working to grind the sharp edges of two beams — both of which measured 29m in length and weighed 8979kg.

“Mr Prasad completed grinding the edges off on one side of the girders and was about to commence grinding the edges off on the other side,” District Court Judge Andrew Scotting said in sentencing the company on Tuesday.

“Before this could be done, it was necessary to turn the grinders over.”

As Prasad and another worker were turning the beam over with an overhead crane, it became unstable and moved.

At the time, the 35-year-old was standing between the two beams when the first beam fell onto him.

“As the first girder fell, it contacted the second girder, causing it to also fall over,” Judge Scotting said.

The other worker attempted to use the overhead crane to move the beams off Prasad, but to no avail.

Prasad sustained significant chest and leg injuries.

The 35-year-old was treated by paramedics, but died at the scene.

“No one goes to work expecting not to come home,” NSW Ambulance Duty Operations Manager Jenny Potter said at the time.

SafeWork NSW investigated the incident and MHE-Demag Australia was later charged.

While there were risk management systems and processes in place, “the offender did not have a separate, documented system of work in place at the time of the incident that related exclusively to the work that was being performed by Mr Prasad,” Judge Scotting said.

Judge Scotting said the risk posed to the workers by the beams was obvious and well known to the company.

“The likelihood of the risk coming home was moderate. The steps taken prior to the incident were not sufficient to prevent it,” he said.

“The consequences of the risk included the risk of death to potentially more than one worker.

“The identified steps were relatively inexpensive and could have been implemented with minimal inconvenience to the offender.

“The community is entitled to expect that both small and large employers will comply with safety requirements.”

MHE-Demag Australia was on Tuesday fined $525,000 for the offence.

On the day of Prasad’s funeral, the company organised a morning tea on site, at the request of his mother, and offered to pay the cost of the funeral.

On the first anniversary of his death, a mass was held on site.

A park bench with a plaque dedicated to Prasad has also been placed in a prominent spot in front of the main manufacturing workshop.

MHE-Demag Australia has since ceased trading after selling its assets and employees to Konecranes Pty Ltd in January 2021.

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