In the NSW District Court, a contractor has been found guilty and fined $600K for injuries sustained when labour hire workers were lifted to height in an excavator bucket.
Apex Building Systems (Principal Contractor) hired an independent contractor, Greater Civil, to undertake demolition work. Labour hire workers to assist Greater Civil were supplied by Astute Earthworks.
Greater Civil directed and supervised the workers and supplied the machinery, an excavator. Greater Civil directed that workers be raised in the excavator bucket when accessing work areas at height for demolition. In addition, the machinery was faulty. As a result, the labour hire workers fell from the bucket of the excavator and were seriously injured
Rightly the specialist contractor, Greater Civil, who had management and control of the operation of the excavator, was prosecuted and held responsible for the incident and for failing to manage risks that were clearly under their management and control.