City of Stirling has been fined $20,000 (plus more than $2600 in costs) after a member of the public died after being struck by a bobcat on a landscaping site in November 2011.

City of Stirling was convicted of failing to ensure that a contractor provided and maintained a safe work environment, and was fined in the Perth Magistrates Court today.

In November 2011, the City commissioned Total Landscape Redevelopment Service Pty Ltd to undertake landscaping works at Morris Place, Innaloo, outside the Innaloo Community Centre.

The landscaping works were to be part of a broader upgrade of the Morris Place precinct, and included the removal of the existing playground, re-levelling the ground and returfing the area.

There was a small shed in the vicinity of the works which was being utilised by a local amateur theatre group, which also had a licence to use certain parts of the community centre.

On November 25, Total Landscape commenced the landscaping works using a bobcat (Caterpillar Multi Terrain Loader) to lay and mix sand and “back-blade” it to press it down.

Around noon that day, the bobcat was being reversed up an incline when it struck a man, a member of the amateur theatre group, who had been removing material from the shed and transporting it to a skip bin.

During that morning, the man had been repeatedly warned to stay clear of the area in which the work was taking place.

The court found that the City of Stirling failed to require Total Landscape to complete a job safety assessment (JSA) or similar hazard identification process that addressed the risks of the work, specifically the risks to members of the public, and to satisfy itself that Total Landscape’s JSA appeared to appropriately address those risks.

WorkSafe WA Commissioner Lex McCulloch said today the case illustrated the need for thorough assessments of the risks associated with any type of work.

“It was not alleged that the City of Stirling’s failure to require a JSA caused the man’s death, but had the City taken these measures, the risk of harm would have been reduced or eliminated,” Mr McCulloch said.

“The City of Stirling officer who was responsible for overseeing the works needed to have been satisfied that a JSA had been completed and that it appropriately addressed the risks.

“The tragic death of a member of the public on this worksite really brings home the crucial importance of having a hazard identification process in place to assess the risks of the work being done.

“This is especially important when mobile plant such as bobcats are in use in and around public areas.

“The case also provides a reminder that workplace safety is the responsibility of not only the contractor performing the work, but also the organisation that engages the contractor.”

Further information on workplace safety can be obtained by telephoning WorkSafe on 1300 307877 or on the website at www.worksafe.wa.gov.au.

Media contact: Caroline De Vaney 9327 8744 or 0408 927563 (media enquiries only)

caroline.devaney@commerce.wa.gov.au

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