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Court Summary - at a glance
- Identify a safe area for the site and ensure all employees have a safe area to remain away from any operating mobile plant
- Install rear vision mirrors on the excavator to ensure the operator can see where the machine is slewing and reversing
- Install a travel alarm to ensure any person in the proximity of the excavator is aware of its movements.
On 12 August 2013, Mr McCullough was carrying out work at the site with an employee. The employee was operating an excavator in order to clear bush from the site. During this process Mr McCullough had knocked a tree over. As Mr McCullough was dragging the log backwards that was chained to the excavator, he noticed that the hook that was around the log had become caught in the hammerlock and was sliding down the chain. Mr McCullough pointed this out to the employee, to see if he could unhook the hook but it was jammed, so the employee got a hammer to give it a smack free.
The excavator boom was rotated and the log dragged further. Mr McCullough noticed the employee was lying on the ground between two tree stumps. As a result of the accident, the employee died from his injuries.