$1.2 million safety undertaking after workers hit by mobile plant
31 Oct 2024•BlueSafe Team•Source: WorkSafe VIC
McConnell Dowell Constructors (Aust) Pty Ltd has entered into an enforceable undertaking valued at an estimated $1,254,708 after two workers were struck by mobile plant at Level Crossing Removal Project sites.
Last month, the Melbourne Magistrates' Court and Dandenong Magistrates' Court heard the company had entered into the undertaking while facing seven charges of failing to provide and maintain a safe workplace without risks to health. WorkSafe may reinstate the charges if the undertaking is breached or withdrawn.
In October 2021, a reversing dump truck struck a worker at project works in Dandenong. The truck was travelling along railway lines, carrying spoil from an excavation site to a dumping site. The worker suffered toe amputations, multiple fractures and injuries to his elbow, knee and hip.
WorkSafe alleged the company could reasonably have maintained a system of work and implemented controls to prevent collisions between powered mobile plant and employees. It also alleged the company could have provided necessary supervision and reviewed and revised a safe work method statement when risks were not adequately controlled.
In January 2022, a labour hire worker at a project site in Laverton was retrieving a light tower from a vehicle when he stepped back and was struck by an excavator. He suffered foot fractures and was unable to work for several weeks.
For that incident, WorkSafe alleged the company could reasonably have maintained a system of work and implemented controls to prevent powered mobile plant colliding with employees. It also alleged the company could have ensured high risk construction work was carried out in accordance with a safe work method statement.
WorkSafe Executive Director of Health and Safety Sam Jenkin said employers had no excuse for failing to adequately separate workers on the ground from mobile plant. "These incidents should serve as a major wake-up call to this company and to others that it is simply unacceptable for pedestrians and mobile plant to be operating in the same space," Mr Jenkin said.
"It is pleasing to see the amount of investment that will be made in health and safety improvements, which will go a long way to preventing similar incidents, and the associated pain and suffering, in the future."
How Blue Safe can help: Our free SWMS tool can help you prepare a safe work method statement for high risk construction work involving mobile plant. Create a free SWMS