In a decision that may have impact in many workplaces, a NSW court has determined that workers allocated to act as spotters on work sites, must be actively spotting and not multi-tasking or being distracted by other duties.
A traffic controller working for Twin Connect Pty Ltd at the site of a telecommunication pipe installation job suffered serious leg and pelvis injuries requiring multiple surgeries when a 3.5 tonne excavator reversed into her and partially ran over her.
The risk of a worker working on foot being struck by mobile plant was known to Twin Connect management and is a well-known hazard in the industry. Twin Connect recognised the risk in its safety documents and provided in its Safe Work Method Statement (SWMS) for control measures to be implemented to minimise the risk, including the implementation of a delineated exclusion zone, communication by two-way radio, observation of the work by a dedicated spotter, provision of adequate lighting and training relevant workers on these requirements. Not all of the identified control measures were implemented on the night of the incident.
Despite those safety measures, Twin Connect failed to provide physical barriers to separate the work site from live traffic. Although a spotter had been allocated to monitor the movements of mobile plant, they were also required to conduct other tasks, including raking and grooming the road. The failure to provide a “dedicated spotter” as documented in the SWMS was a significant contributor to the incident.
On the night of the incident two-way radios were not provided and communication was maintained through visual observation, hand signals and yelling. The traffic controller was not made aware of the SWMS or the designated exclusion zone, and there was no external lighting provided for the site, relying instead on street lighting 50m away.
Twin Connect has been fined $180,000 and a conviction recorded.
Read more: NSW District Court - Case Law - Twin Connect Nov 2024
