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Court Summary - at a glance
- Ensure a scheduled, regular pro-active maintenance regime is in place for all plant, machinery and vehicles to manufacturers standards;
- Ensure a regular audit of prestart checks is completed;
- Ensure any faults or repairs to plant are documented in a log;
- Ensure that a vehicle is not driven without a door;
- Have a documented training programme for all employees in respect of plant and machinery;
- Communicate to all employees in a documented form a safe operating procedure including the hazards associated with operating all quarry equipment;
- Adequately train supervisors to ensure competency of employees operating plant and machinery;
- Train operators to do pre-start and daily checks as per the truck operation and maintenance manual.
- Ensured that there was a policy requiring drivers to wear seatbelts;
- Communicate and enforce the seatbelt policy.
- Ensure vehicles and plant are not operated by unauthorised persons by securing keys in key press or similar with limited access;
- Regularly monitor/enforce compliance with a drug and alcohol policy;
- Comply with Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 by having a fit and proper competent person designated as being in charge of the quarry at all times; and
- Have an effective emergency response plan, ensure that all employees were aware of it and regularly test the plan.
The victim was employed by OQL as a labourer/crusher operator.
On the day of incident, the victim was driving a dump truck when it overturned and the victim was killed.
The investigation revealed the victim only held a restricted licence and did not have any experience driving dump trucks.
Sentencing notes can be found on the District Courts website.