Clark Cranes, a Melbourne-based crane company, has been fined $400,000 after being found guilty of two workplace safety charges.

The charges relate to the death of worker Shaun Burns and injuries sustained by two other workers at a building site in Box Hill in 2018. 

The incident occurred after a bucket of concrete fell on Mr Burns due to a missing split pin that would have secured a bolt on the crane's hoist mechanism. 

Clark Cranes was sentenced in the County Court, where Justice Gavan Meredith acknowledged the company's good safety record but stated that it was “obvious to a competent person” that the split pin was an essential safeguard.

Judge Meredith also noted that Clark Cranes had imported the crane from a reputable manufacturer in Italy and that relevant Australian safety standards at the time did not require checking for the presence of the split pin. 

The maximum fine for the offence Clark was found guilty of is $1.42 million.

In a victim impact statement, Burns's mother, Jocelyn Collins, described the shock of receiving the call informing her of her son's death while she was out shopping. 

She also spoke of her family's inability to view Burns's body properly at the coroner due to the injuries he sustained, which had compounded their grief.

Mr Burns's sister, Samantha, was subsequently appointed to a government committee made up of people with lived experiences of serious workplace incidents. 

Their work helped to influence laws and WorkSafe policies. Samantha Burns told the County Court that the loss of her brother was “felt and known every day” and that companies who kill people at work should not be allowed to function normally until there are consequences.

Clark Cranes' lawyer, David Carolan, stated that the company had taken steps to ensure that the same machinery fault that caused the collapse would not occur again and that safety is a primary concern for the company.