An operator of a service station has been instructed to face trial following the death of an elderly man who was crushed inside an automated car wash. The incident occurred in 2019 when the 73-year-old man from Mulgrave became trapped while attempting to re-enter his vehicle after the washing process had begun. WorkSafe Australia charged Chevron Australia Downstream Fuels, the service station operator, in relation to the incident.
According to WorkSafe Victoria, on November 25, the man drove into the car wash at a petrol station in Springvale. He then exited the vehicle to re-enter an access code. As he tried to get back into his car, the wash cycle initiated and a gantry struck his car door, resulting in him being crushed. He passed away in the hospital three days later due to his injuries.
Magistrate Brett Sonnet ruled on May 31 that the service station operator must stand trial on one charge of failing to ensure a safe workplace as the organization responsible for the incident site, due to inadequate signage. The company faced three additional charges related to the absence of anti-collision bars, failure to remove brackets, and failure to install a boom gate. However, Magistrate Sonnet determined that there was insufficient evidence to proceed with these charges in front of a jury.
Magistrate Sonnet stated, “The prosecution case has not been presented on the grounds of a causal breach… resulting from the aforementioned breaches that caused the deceased’s death.” The court was informed that the car wash was manufactured in Europe, where customers are not allowed to remain inside the vehicle during operation for safety reasons.
The court heard that the accused company possessed the operation manual from the manufacturer, which clearly stated that people should not be inside the car wash while the machine is running. The court also acknowledged that the Australian market permits customers to stay in their vehicles during operation, increasing the likelihood of such incidents occurring.
The prosecution contended that the signal systems at the Springvale car wash were confusing. They argued that there were no warnings for users to remain inside their cars during the wash, and the traffic light system at that particular car wash was perplexing since the green light was always on, regardless of whether the correct code was entered.
The defense for Chevron Australia argued that the risk of serious injury or death was not obvious, as this incident was the first recorded instance of a fatality in an automated car wash. They stated that if the accused was unaware of the risk and could not have reasonably been expected to know about it, they could not be reasonably expected to take preventive measures.
A representative for Chevron Australia pleaded not guilty to the single charge, and the case is scheduled to return to court on June 29.
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