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Court Summary - at a glance
- To have ensured that all mobile mechanical plant were fitted with ROPs also had a safe functioning seatbelt;
- To have had an effective system to monitor and maintain the mobile plant fleet to ensure it was safe for use;
- To have ensured seatbelts were worn by operators.
On the day of the incident, the victim was driving the dump truck. When he drove over a pile of soil on an angle, the dump truck lost stability and rolled over. The victim was struck by the dump truck as he jumped off. He suffered severe injuries to his leg.
Upon examination the seatbelt fitted to the dump truck was found to be damaged, with a clasp missing rendering it unusable. This damage was sustained prior to the accident.