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Court Summary - at a glance
- Ensure that the safety devices on a machine were fully operational before hire;
- Ensure adequate systems are were implemented for inspection and maintenance of the safety devices on the a machine; and
- Ensure an effective system for conducting pre-hire service and safety checks and communicating the outcome.
The Defendant did not ensure the safety devices on the Skid Steer were operational before it was delivered to the construction site on 22 May 2015.
Gordon Developments contracted another company to provide labour for the construction work. The victim commenced work for Gordon Developments on 25 May 2015.
On 26 May 2015, the victim was assisting in backfilling a trench using the Skid Steer to collect crushed concrete. The victim initially operated the Skid Steer with the bucket down, however, this made it difficult to see where to drop the load and he therefore moved the bucket up. The ground was uneven and loose. The victim lost control of the Skid Steer and the machine became unstable. The bucket suddenly dropped trapping his leg between the frame and the lifting arm.
The victim suffered right tibial fractures, crush injuries and an open wound. Despite several operations, his right leg could not be reconstructed and it was amputated above the knee.