CCTV footage showed the day of the crash, at 3:23 pm, when McElland was on a stage near the industrial dealer’s mouth, and while Harvey was downstairs on a stage, they appeared to be talking to each other.
The engine was jammed, and McClelland could be seen being removed from the top to check inside, while Harvey could be seen descending the steps toward a control panel and touching it.
“To deal with the blockage, Mr MacLeland went down to the bay,” Judge Mr Justice Cornham said. “Kyle Harvey touched the panel again and Baylor ran. Mr. McLeland was quickly dragged into it.”
Baylor crowded again – this time with McClelland’s body. His vague colleagues later tried to call his cell phone, asking for advice on how to remove the blockage, only realizing the harsh truth when he heard his ringtone echoing from inside.
“Then the green vendor got crowded,” the judge explained. “Kyle Harvey and the other staff tried to find him because they thought he knew what to do until he died.”
“An employee rang the deceased’s phone and could hear it ringing inside the bell. The alarm was raised. Mr McLeland was actually seen inside the bell.”
Paramedics also diagnosed McClelland with “catastrophic wounds”; He was pronounced dead at the scene.
During sentencing, the judge said Harvey was not personally at fault, but rather said the health and safety practices were “reminiscent of Victorian factories,” but added: “This is unfair to Victorian factory owners.”
“This is part of the horrible culture in H&A – there was evidence that employees were not wearing their PPEs, fighting among the rubbish at the site, and being transported in vehicles on site.”
He said employees were jumping on slopes, or hiding under trash on conveyor belts and jumping out to scare co-workers.
“Severe injury was predicted to be unavoidable,” he said. “Waiting for an accident to happen is never very appropriate.”
“Kyle Harvey just restarted the green ball and accidentally caused the accident. He should not have been driving the machine,” he added. “All of this took place in a completely neglected environment for safety. In my view, this type of violation is common in this system. Difficulties with payroll are well known and it is customary for staff to avoid preventing it.”
Because it pleaded guilty at an early stage, H&A was fined just $ 200,000 (4,264,000) for recycling and ordered to pay $ 6,45,691.60 (, $ 200,60,200).
When he died, McClelland left an adult daughter and a fiance who was to be married in 2019.