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Court Summary - at a glance
- Ensure that an adequate hazard and risk assessment is carried out prior to the employees commencing the task of removing the young willow trees. This would have ensured that appropriate control measures, such as appropriate equipment and plant, was in place before the task commenced;
- Ensure that employees have an effective communication system in place and monitor employees to ensure it is complied with;
- Ensure that an exclusion zone around moving plant, is created and ensure that persons/pedestrians do not enter that exclusion zone;
- Use a spotter to co-ordinate between the excavator operator and the ground worker.
The victim was employed by the Defendant as a labourer. His role on the day of the incident was to secure trees to the bucket of a 12 tonne excavator with a chain in order to pull them out of a stream.
The victim was working in the area where the excavator was operating. The victim placed himself about a meter in front of the right hand track of the excavator. When the excavator moved forward the victim was run over by the right hand track of the excavator which drove over both of his lower legs. The victim suffered soft tissue damage and shattered lower right leg bones.