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Amputee not trained on loading specifications

12 November 2016

A company has been fined for failing to ensure that their employees could competently assess load weights

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A 22-year-old worker was using a skid steer loader to place a large piece of concrete in a skip bin when the machine tipped forward and ejected him from his seat, in March 2015. His right leg was then crushed above the knee by the vehicle's lowering boom, and later amputated in hospital.

The Melbourne Magistrates Court heard that the piece of concrete weighed 920kg, well above the rated operating capacity of 748kg, causing the machine to tip when the worker raised its bucket at the skip bin. The court also heard that the company failed to provide safe work instructions for estimating load sizes or safely loading the skid steer loader, and failed to ensure workers were competent at determining whether loads complied with loading specifications.

The Magistrate found that the worker wasn’t wearing his seatbelt at the time of the incident, but accepted that he had been instructed to use it.

The employer pleaded guilty to breaching the State OHS Act and was fined $45,000 without conviction plus $4564 in costs.

"A young man lost his leg because a discussion about safe operation of this machine was not had,” WorkSafe Victoria health and safety Executive Director Marnie Williams said after the decision.

"Construction and demolition are high-risk due to the heavy machinery and vehicles involved, which means assumptions should never be made as they can turn a high-risk task into a deadly one," she said.

Williams said it was critically important that employers, supervisors and "anyone in charge of others have regular discussions about safety, no matter how experienced they believe workers to be".

"Demolition sites are dynamic and, as the site changes, so do the risks. It's vital that everyone keeps safety front of mind to prevent these kinds of horrific incidents," she said.

Find out how to keep your young workers safe by attending one of our free young worker safety briefings which are running through November. Register here.

For any other Occupational Health and Safety advice or to review your safety processes, please contact our team of experts on 03 8662 5333 or

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