|Defendant||ACN 095 775 590 Pty Ltd (formerly Advanced Traffic Management Pty Ltd)|
|Section||19(1) and 19(7)|
|Offence Date||Monday, 17 February 2003|
|Description of Breach(es)||
Being an employer, failed so far as was practicable to provide and maintain a working environment on which its employee, was not exposed to a hazard, namely, the risk of being hit by a multi wheeled road roller and in particular failed to:
(a) provide and maintain systems of work such that, so far as was practicable, its employee was note exposed to the hazard; and
(b) provide such information, instructions, training to and supervision of, its employees as was necessary to enable its employee to perform her work in such a manner that she was not exposed to the hazard;
contrary to sections 19(1)(a) and (b) and 19(7) of the Occupational Safety and Health Act 1984.
The accused was in 2003 a company registered under the name of Advanced Traffic Management Pty Ltd and was in the business of providing traffic management plans and traffic management services to clients. In late January or early February 2003 the accused was engaged by a business to provide a traffic management plan and traffic management services for road works to be carried out on Wanneroo Road, Neerabup.
On or about 20 January 2003 an employee of the accused, prepared a traffic management plan for the road work to be performed on Wanneroo Road, Neerabup.
On 17 February 2003 the accused sent 3 of its employees, a supervisor, and two traffic controllers, to the site of the road works on Wanneroo Road, Neerabup to provide traffic management services for the road works that were to commence that day.
The road works involved the application of a new top surface of bitumen to the part of Wanneroo Road approximately 300 metres south of Menchetti Road in Neerabup. At that location Wanneroo Road is a dual carriageway running in a North/South direction with two marked lanes for travel in each direction and a median reservation separating the north and south bound lanes.
On 17 February 2003 the employees of the accused arrived at the workplace and proceeded to use traffic cones and advance traffic warning signs to close off the lane nearest the median reservation on the South bound side of Wanneroo Road where the road works were to take place. They also closed off part of the lane nearest the median reservation on the North bound side of Wanneroo Road so as to prevent traffic from turning into the gap in the median strip that existed in that part of Wanneroo Road in order to allow traffic travelling north to enter a service road adjacent to the South bound side of Wanneroo Road.
At about 8:30am, just prior to the commencement of work in the gap in the median reservation the traffic controllers were instructed by the supervisor to control South bound traffic moving past the gap in the median strip using a 'stop/slow' sign so that the vehicles performing the road works in the gap could come out onto the South bound lane that was still open for traffic as necessary, and to ensure traffic did not enter the gap in the median strip from the North bound lanes. One of them chose to do the control of the South bound traffic. No directions were given to the employees on where to position themselves in order to perform the required tasks.
Upon being instructed to perform the 'stop/go' work, the traffic controller stood on the roadside edge of the lane nearest the median reservation on the South bound side of Wanneroo Road, just inside the traffic cones blocking that lane off from passing traffic. She stood approximately 20 metres to the North of the gap in the median reservation where the road works were occurring, looking towards the oncoming traffic and with her back to the plant involved in the road works occurring behind her in the gap in the median reservation. In this position she could not see any of the plant working behind her and was positioned between the work area of the road works where several large items of mobile plant were operating and the oncoming vehicular traffic using the South bound side of Wanneroo Road.
At approximately 10am on 17 February 2003 a person working for the contractor carrying out the road works, was instructed to move a large multi wheel roller that had been parked just South of the gap in the median reservation in the closed off lane nearest the median reservation on the South bound side of Wanneroo Road, to an area opposite a service station some distance to the North of the gap in the median reservation (and to the north of the place where the traffic controller was standing). The multi wheel roller was parked facing South so that the required movement involved reversing the roller. Shortly after he commenced reversing the roller, the roller hit the kerb on the median reserv
|Conviction Date||02 Feb 2007|
|Court||Magistrates Court of Western Australia - Joondalup|