The first company in Victoria to be convicted and fined for recklessly endangering a worker has lost an appeal against its sentence.
In 2010, Orbit Drilling Pty Ltd pleaded guilty and was convicted and fined $750,000 over the death of 21-year-old Bradley Alford at Clonbinane.
Company director Martin Smith was also fined $120,000 after he admitted the firm had breached its duty of care towards its employees.
Mr Alford was crushed to death on December 9, 2006, when he lost control of the Mack truck he was driving on a steep slope and it became airborne, bounced several times and overturned. He was thrown from the cabin as the truck rolled and was killed on impact.
He had been working for the company – which performed drilling work for mining company Agincourt – for just over a week and had completed only 11 hours of driving lessons.
According to expert evidence in the case, a qualified and properly-trained driver, driving a properly-maintained Mack truck, would have been capable if performing this task. But, Mr Alford was untrained, and the truck was unroadworthy because its brakes were defective.