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Court Summary - at a glance
- Ensure that an effective method of identifying hazards and determining controls is used.
- Ensuring that a specific hazard management plan for the track work is developed implemented and monitored.
- Ensuring that digger operators were appropriately qualified and competent for the work being carried out.
The Defendant owned a Hitachi digger which was equipped with a roll over protection frame. The digger was being used by the victim to create a track to provide access to a flat area, as a worksite. The work was carried out on a steep gradient and wet papa rock face surface. The victim was working alone in an isolated area with limited means of communication when the digger he was operating slid on papa-rock and rolled down an embankment on its side. The victim suffered muscle damage to his left leg.