A recent occupational health and safety prosecution of Boral Constructions Limited has shown that properly training employees to minimise risks does not, in itself, discharge an employer's obligation to ensure their safety. This case also highlighted inherent safety problems in loading heavy road rollers for transport between jobs.

The prosecution arose out of an incident where a worker died after being crushed underneath a roller that toppled off a ramp as he was loading it onto a truck. The worker was not wearing a seatbelt at the time.

The investigation found that had the worker been wearing a seatbelt, he probably would have survived the accident.

Boral had a mandatory seatbelt policy in place (which the deceased worker had helped to draft) but the Court found Boral had failed to properly enforce it.

The Court heard evidence that roller drivers rarely wore seatbelts because they claimed seatbelts restricted their visibility (as the drivers needed to lean to the sides to view the wheels) and prevented them from jumping clear in the event of a mishap. Drivers also gave evidence that they preferred to stand while loading the rollers, because cleats on the ramps caused the rollers to bounce, which led to low back pain.

The Court found that Boral's approach was inadequate to reduce the risks inherent in the work.

Boral has not yet been sentenced, but faces a maximum fine of $550,000 for a first offence or $850,000 if it has had a previous conviction.

This case is a dramatic example of the inclination of the courts to require employers to ensure not only that their employees are properly trained, but also that the work methods established by the company's procedures are adhered to at all times.

For further details on this decision, please contact Paul Cooley or Louise Houlihan.