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Court Summary - at a glance
- Ensure the hazard of a bucket detaching from an excavator is effectively identified and assessed;
- Ensure effective procedures were in place requiring operators to check that a bucket is securely attached including by inserting a safety pin if required.
The Defendant hired a Cat 311C excavator which requires the insertion of a manual safety pin to prevent the excavator bucket from detaching.
On the day of the incident, the victim was in a trench assisting in backfilling while another employee was operating the excavator. The safety pin had not been inserted and the bucket detached from the excavator arm while it was in motion.
The victim was hit and suffered a compound fracture of the left leg with nerve damage, lacerations to the right leg, and bruising.