On Thursday 19 December, the Frankston Magistrates' Court heard Winslow Infrastructure Pty Ltd had entered into an enforceable undertaking while facing one charge of failing to provide a safe workplace and one charge of failing to ensure plant is installed, erected or commissioned safely and without risks to health.
WorkSafe may reinstate the charges if the undertaking is contravened or withdrawn.
In February 2023, the company was completing the Lanthams Road Upgrade in Carrum Downs when 23 traffic management barriers and attached fencing being used to delineate pedestrian walkways overturned, crushing a worker as she walked past.
The worker was trapped under the barriers and suffered serious injuries including six broken ribs, a broken collarbone, two collapsed lungs and a blood clot in one lung.
An investigation found the company had failed to follow the manufacturer's instructions to fill the barriers with water.
WorkSafe alleges it was reasonably practicable for Winslow Infrastructure to have a safe system of work for setting up and maintaining traffic management barriers.
The estimated $300,000 undertaking requires the company to:
- Develop educational training videos on safety risks and present them to five local secondary schools.
- Engage a risk management software creator to develop four training videos to be made available to workers and contractors.
- Create a road safety pamphlet and mail to 10,000 residents who are likely to drive through traffic areas under construction by Winslow.
- Engage with three new civil contractor companies with limited resources to help improve their Safe Work Method Statements and risk assessments for the high risk works.
- Donate $100,000 to TIACS, a professional mental health counselling service for blue collar workers.
WorkSafe Executive Director of Health and Safety Sam Jenkin said the incident was a serious failure to follow basic safety procedures.
"This worker has suffered horrific injuries in an incident that unfortunately highlights the consequences of failing to have safe systems of work in place and following manufacturer's instructions," Mr Jenkin said.
"It is pleasing to see this company is now making inroads to improve safety, not only among its own workers and contractors but also in the wider community."