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Court Summary - at a glance
- Ensure that an effective procedure was developed, implemented and monitored for cleaning the digger;
- Ensure that the digger was operated, including cleaned, safely.
The victim and another worker were cleaning a digger owned by the defendant. The worker tried to operate the digger from outside of the cab when he bumped the wrong controls causing the victim to become trapped between the bucket and blade of the digger. In trying to free him, the worker bumped the controls a second time resulting in the bucket dragging the victim into the air and dropping him to the ground.
The victim sustained serious injuries to both of his legs.