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Local government fined over $20,000 after civilian death

Announcement posted by WHS Solutions 08 Aug 2014

The Western Australian local government of the City of Stirling has been fined over $20,000 after the death of a man who was struck by a bobcat driving on a landscaping site in November 2011.

The City of Stirling was convicted in the Perth Magistrates Court on Wednesday for failing to ensure that a contractor provided and maintained a safe work environment.

In 2011, the City commissioned a landscaping company to do landscaping works as part of an upgrade of the precinct. At the time of works, a shed in the area was being used by a local amateur theatre group, who also had a licence to use certain parts of the community centre.

A bobcat used in the work was being reversed when it hit the victim, a member of the amateur group, who was removing material from the shed. Reportedly, the man had been repeatedly warned to stay away from the area in which the landscaping work has been taking place.

The court found that the City of Stirling failed to require the landscaping company to conduct a job safety assessment (JSA) or similar hazard identification process to address the risk of work to the public and to satisfy itself that the company’s JSA appropriately addressed those risks.

In a statement, WorkSafe WA Commissioner, Lex McCulloch, highlighted the importance of carefully assessing the risks associated in any type of work.

“It was not alleged that the City of Stirling’s failure to require a JSA caused the man’s death, but had the City taken these measures, the risk of harm would have been reduced or eliminated,” said Mr McCulloch.

“The City of Stirling officer who was responsible for overseeing the works, needed to have been satisfied that a JSA had been completed and that it appropriately addressed the risks, “continued Mr McCulloch.

“The case also provides a reminder that workplace safety is the responsibility of not only the contractor performing the work, but also the organisation that engages the contractor,” he concluded.

The tragic death of a member of the public on this worksite really emphasizes the crucial importance of having a hazard identification process in place to assess the risks of the work being done. Without the industry knowledge and experience it can be a daunting task to address your company’s occupational health and safety needs.

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