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Court Summary - at a glance
- Ensure adequate supervision of employees;
- Ensure deficiencies identified in Safe Behavioural Observations are acted on and provide further training as required;
- Ensure adequate hazard identification training and systems were in place; and
- Ensure that where concerns have been identified, the employee does not continue to work until the safety concerns are addressed.
The victim was employed as a bushman. On the day of the incident, he was manually felling trees. One tree that he had felled became hung on another tree, he then attempted to fell a second tree to knock the first on down. When the second tree became hung on the first, he felled a third tree which also became hung up. The victim did not notify his supervisor of the hung up trees as per company policy.
When the victim applied a poor cutting technique to a fourth tree, the hinge wood was insufficient to bear the weight of the tree and gave way. The tree kicked back at hit the victim who had not retreated to a safe place.
The victim suffered fractures to his left tibia and fibula.