Prosecution Details

Being an employer, failed so far as was practicable to provide and maintain a working environment in which its employees were not exposed to hazards and in particular failed to provide and maintain plant such that, so far as was practicable, its employees were not exposed to hazards.

Employees of Kiam Corporation Pty Ltd were unloading an elevating work platform (EWP) off a company truck. The EWP which was connected to the trucks 72,000lb winch, was being reversed off the low loader by the injured person. The truck driver was standing on the ground adjacent to the truck operating the winch controls. As the EWP began its decent down the low loader ramp the winch rope snapped causing the EWP to hurtle out of control down the ramp. As it hit the ground the injured person was thrown into the air severely lacerating his right leg before being restrained by the safety harness and lanyard he was wearing.

The defendant pleaded guilty.