Last month, the Melbourne Magistrates' Court and Dandenong Magistrates' Court heard McConnell Dowell Constructors (Aust) Pty Ltd had entered into an Enforceable Undertaking while facing a total of seven charges of failing to provide and maintain a workplace that was safe and without risks to health.
WorkSafe may reinstate the charges if the undertaking is contravened or withdrawn.
In October 2021, a worker at Level Crossing Removal Project works in Dandenong was struck by a reversing dump truck that was travelling along railway lines transporting spoil from an excavation site to a dumping site.
The worker suffered the amputation of the toes on his right leg, multiple fractures and injuries to his elbow, knee and hip.
WorkSafe alleged it was reasonably practicable for McConnell Dowell Constructors to maintain a system of work and implement control measures to prevent powered mobile plant colliding with employees; provide workers with necessary supervision; and to review and revise a safe work method statement when risks were not being controlled adequately.
In January 2022, a labour hire worker was retrieving a light tower from a vehicle at a Level Crossing Removal Project site in Laverton when he stepped back and was struck by an excavator.
The worker suffered fractures to his foot and was off work for a number of weeks.
WorkSafe alleged it was reasonably practicable for McConnell Dowell Constructors to maintain a system of work and implement control measures to prevent powered mobile plant colliding with employees; and to have ensured high risk construction work was performed in accordance with a safe work method statement.
The estimated $1,254,708 undertaking requires McConnell Dowell Constructors to:
- Fit the company's own and key subcontractor machinery with Blindsight AI people and plant separation technology and produce videos to share the benefits with industry.
- Purchase two virtual reality units to deliver training on people and plant separation risks to 300 workers on the company's active construction projects in Victoria and provide on loan to Box Hill TAFE and other companies in the industry.
- Develop a "Safe Sites" campaign through the production of 14 videos and other material to educate workers on the importance of safe systems of work and speaking up about health and safety issues.
- Fund and develop digital vehicle and pedestrian management plan software through the use of the SitePilot technology program and provide training to five supervisors who will use the technology on the company's sites.
- Develop an audit tool to assist infrastructure and construction employers identify and manage psychosocial risks and support not-for-profit group Wellness in Infrastructure to develop content for delivery of six one-day workshops.
- Donate $89,249 to RMIT University to fund a scholarship for a student to complete a two-year Master of Applied Science (Built Environment) qualification.
- Donate $35,000 to RMIT's Safety and Health Innovation Network (SHINe) and $56,000 to Women in Safety to be used to deliver a structured mentoring program for women in health and safety roles.
WorkSafe Executive Director of Health and Safety Sam Jenkin said there were no excuses for employers that failed 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."
Employers using mobile plant should ensure:
- A traffic management plan is in place for pedestrians and powered mobile plant and that it is reviewed and updated as appropriate.
- Pedestrians are separated from moving machinery and that an effective communication system between operators, transport contractors and ground staff is in place.
- Signage is in place and barriers are erected where appropriate.
- Visibility issues are identified and controlled, particularly if lighting is poor.
- Workers operating equipment have the appropriate high risk work licences, as required.
- Machinery and vehicles and regularly inspected and maintained by a suitably qualified person.
- Employees and health and safety representatives are consulted about health and safety issues.
