Blackwood & Co Pty Ltd, trading as MakeSafe Traffic Management, has been charged by WorkSafe following investigations into the August 2023 death of road worker Peter Dyck. Blackwood & Co faces one charge under section 21(2)(a) of the OHS Act of failing to provide or maintain a safe system of work, and one charge under section 26(1) of failing to ensure a workplace under its management or control was safe and without risks to health.
58-year-old Mr Dyck was on patrol inspecting streetlights for faults when his stationary ute was struck by another vehicle. Mr Dyck had pulled the work vehicle over on the outbound lanes of the Eastern Freeway, near Hoddle Street, to inspect a streetlight when a car lost control as it entered the Eastern Fwy from Alexandra Pde, crossing five lanes before hitting him.
WorkSafe alleges the company failed to reduce the risk of serious injury or death by implementing a system that required two workers to inspect streetlights together, eliminating the need for employees to leave their vehicles.
In August WorkSafe released their new Temporary Traffic Management Guidance, developed to assist employers and other duty holders with practical information on complying with their duties under the OHS Act and OHS Regulations. The guidance covers risk assessment and planning as well as responding to emergencies in temporary traffic management. Employers and HSRs are encouraged to review the temporary traffic management guidance before undertaking any work on or near roadways.