As reported by the courts in Melbourne and Dandenong just last month, McConnell Dowell Constructors (Aust) Pty Ltd has entered into an Enforceable Undertaking and is currently facing seven charges due to its failure to provide and sustain a secure workplace free from potential health hazards. If the Undertaking is violated or withdrawn, WorkSafe may revisit and potentially reinstate these charges.
In Dandenong during October 2021, a tragic incident took place at the Level Crossing Removal Project worksite, where a worker was hit by a reversing dump truck transporting spoil along railway lines. The severe impact resulted in the amputation of toes on his right leg, as well as causing multiple injuries to his elbow, knee, and hip. According to WorkSafe, McConnell Dowell Constructors could have reasonably prevented such harmful incidents through implementing systematic work safety measures such as WHS management systems, supervision, and continual revisions of the SWMS (Safe Work Method Statement).
Similarly, in January 2022, another onsite accident took place at a similar project in Laverton. A labour hire worker, who was tasked with retrieving a light tower from a vehicle, was hit by an excavator. In this circumstance, he suffered fractures to his foot, leading to time off work. WorkSafe suggest that inspectors believed it would be reasonably practicable for McConnell Dowell Constructors to uphold a safety system of work incorporating control measures such as a Bluesafe SWMS to ensure high-risk construction work complies with safe work method statements.
McConnell Dowell Constructors are required to adhere to their estimated $1,254,708 undertaking which highlights the importance of practices like Bluesafe WHS Management System. Sam Jenkin, WorkSafe Executive Director of Health and Safety, emphasised that there were no excuses for employers who fail to adequately separate on-ground workers from mobile plant operations.
Expressing hope for the future, he added, “Investments into health and safety improvements such as safety work policies will help prevent such incidents, thereby reducing pain and suffering caused by workplace mishaps.” He further advises current or prospective employers utilising mobile plants to ensure they implement thorough WHS measures.
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Original article link: https://www.worksafe.vic.gov.au/news/2024-10/12-million-safety-spend-after-workers-hit-mobile-plant