Excavator operator fined following partial foot amputation

A sole trader and civil demolition contractor has been convicted and fined $15,000 following a 15 November 2023 incident at a demolition site in Adelaide’s western suburbs in which the excavator he was using to uproot trees and gather green waste struck a labourer sorting building debris nearby — the labourer was struck with the excavator arm and bucket and sustained a severe crush injury to his left foot that ultimately required a partial foot amputation.

Workers could be working in close proximity to the excavator while it was operating and there was no adequately enforced exclusion zone, communication system or spotter in place to manage the risk of workers being struck by the machine, a SafeWork SA investigation found.

It was reasonably practicable for the excavator operator to enforce an exclusion zone, establish a system of verbal or hand-signalling communication, or cease operating the excavator while workers were in the vicinity, Auxiliary Judge Hannon said, noting that the excavator “came to be operating in dangerous proximity” to the labourer in circumstances where there was inadequate monitoring of an exclusion zone.

Measures such as enforcing exclusion zones or communication systems “would have either minimised or eliminated the risk” of a worker being struck and suffering death or serious injury, Hannon said.

The excavator operator was charged with a Category 2 offence under the Work Health and Safety Act 2012 (SA). In addition to the conviction and fine, he was also ordered to pay SafeWork SA's costs of $1210 and a Victims of Crime levy of $466.

“This incident demonstrates yet another consequence when workers and mobile plant operate too close together without effective safety controls in place,” SafeWork SA Executive Director Glenn Farrell said.

“Exclusion zones, clear communication systems and effective supervision are fundamental, and very basic controls whenever mobile plant is operating. These measures are well known across the construction and demolition industries and are critical to preventing serious injuries.

“SafeWork SA will continue to take enforcement action where duty holders fail to manage the simplest of known workplace risks and expose workers to serious harm.”

Image credit: iStock.com/Frazao Studio Latino. Stock image used is for illustrative purposes only.