Dodgy grader, narrow road led to operator’s death

WorkSafe executive director John Merritt said, Victorias OH&S legislation requires employers to look after the safety of employees and people other than employees where they are affected by your business or its operations. This covers contractors, labour hire workers, people on Section 457 visas and members of the public. Safety responsibilities cannot be outsourced.
An example of what could go wrong, came into focus when Victorias Wellington Shire was recently prosecuted by WorkSafe in the County Court, for failing to provide and maintain a safe workplace. It pleaded not guilty, but a jury found the council had breached Section 21(1) and (2) (a) of the Occupational Health & Safety Act 2004.
That section requires employers, so far as is reasonably practicable, to provide and maintain a working environment, plant or systems of work that is safe and without risks to health so far as is reasonably practicable.
Left road, overturned
WorkSafe investigated the shires contractor-commissioning procedures, after a 2005 incident in which a grader driver employed by a contractor, died after his machine left the road and overturned while doing road works near Waterford 70km north of Sale.
The grader drivers employer, H & H Contracting Pty Ltd, was prosecuted by WorkSafe in 2007 when it pleaded guilty to failing to provide and maintain a safe workplace. WorkSafes investigation found a number of serious mechanical faults with the companys grader.
Further investigation of that incident, found that although the shire had procedures in place for managing contractors, they had not been applied in this case.
The County Court was told a council officer contacted H&H, an approved contractor, on 12 December 2005, to grade a narrow and windy 3km section of road with steep drop offs; overhanging limbs and other vehicles.
Its investigation found:
 The Shires systems were inadequate;
 It did not ask for, nor was it given a risk assessment for the proposed work. It also failed to carry out or seek a job safety analysis, hazard identification or risk assessment on the use or safe use of the grader;
 The Shire did not assess or seek information about the condition of the grader or assess whether it or any other risks associated with the work had been considered and addressed by H&H.
When the matter came to the attention of WorkSafe, the grader was found to be in a poor mechanical condition and several areas showed signs of poor maintenance.
The Shire was placed on a two-year health and safety undertaking similar to a good behaviour bond- and ordered to conduct two safety audits at 6 months after the case and one at 18 months.
The results of these audits are to be provided to WorkSafe within five working days.
Merritt said organisations seeking outside help should consult on their needs with contractors or labour providers and ensuring they were capable of providing what was required as far as safety was concerned.
Put simply, the employers of outsourced workers need to ensure the people they are placing, have the right skills and training for the job, and that the place they are working at has appropriate health and safety systems in place.
Safe work plan
Host employers must ensure people working on their behalf have a plan for safe work to be carried out, safe equipment if theyre providing it or that the contractors is as safe as practicable as well as the skills and supervision to ensure safety practices are applied.
In any business, having a commitment to safety is only part of the story. It has to be applied consistently across the organisation and down through the people working for it and their contractors. he said.
WorkSafe has produced a number of publications including Information on engaging a contractor and Duties of contractors, both of which are accessible online at www.worksafe.vic.gov.au. Information is also available from WorkSafes Advisory Service on 1800 136 089.
Small businesses can also take advantage of an independent, free, three-hour consultancy. Details are available through WorkSafe or major employer groups.