Buddy and the Crane

Boom pump operator fatally injures fellow employee
NSW OHS Act 2000 - s 20(1) and S 8(1)

In the case of Inspector Jones v Buddy Charbel Challita (Buddy) and Inspector Jones v Mr Pump Pty Ltd [2005] (Pump) NSWIRComm 385 we learn about the responsibilities of work colleagues as detailed in Sec 20(1) of the (NSW) Occupational Health and Safety Act 2000 (the act), A plea of guilty was entered by both defendants.

In this case, Buddy was employed by Pump as a "boom pump operator" and was licensed to drive a concrete placing boom. On 8 January 2003, Pump was contracted to place concrete at a building site and Buddy was assigned to drive and operate the concrete placing boom. An assistant (Assistant) was employed by Pump to assist. Buddy positioned the concrete placing boom in the driveway at the building site with the rear of the concrete placing boom extending beyond the front boundary of the site, across the footpath to the gutter line.

During the concrete pour, a strong wind and storm moved through the area and after continuing for some time, Buddy decided to begin the "take down" procedure to end the operation. As Buddy commenced to fold the first of the three sections of the boom to a closed position which required the boom to be slewed towards the front boundary of the site, the boom came into contact with the foliage of the tree. As a consequence of the very strong winds, the power lines were blowing back and forth within the foliage of the tree. At about this time, Assistant was observed lying on the ground near the rear of the truck. A post mortem revealed injuries to Assistants right hand and right foot consistent with electric burns which had caused fatal injuries.

During the case it was stated that "it is not possible to determine the precise reason for the electrocution of Assistant. However, in light of the observations made by Energy Australia, the clear likelihood is that either contact was made with the power lines and the boom, or, alternatively, arcing occurred, resulting in an electric shock to Assistant that proved fatal.
It was alleged that Buddy failed to take reasonable care for the health and safety of persons who were at his place of work and who may have been affected by his acts or omissions at work, contrary to section 20(1) of the Act.

As a result of the defendant's failure Assistant, and others, were placed at risk of injury and Assistant suffered fatal injuries.

In relation to the charge brought against Pump, it was alleged that it failed to ensure the health, safety and welfare at work of all its employees, and in particular, Assistant contrary to section 8(1) of the Act.

The offence against Buddy pursuant to Sec. 20(1) of the OHS Act was proven and a verdict of guilty was entered in this matter and the defendant was fined the sum of $600 with the defendant paying the prosecutor's costs.

The offence against Pump pursuant to Sec. 8(1) was proven and a verdict of guilty is entered in the matter. The defendant was fined the sum of $65,000 with the defendant paying the prosecutor's costs.

Full details of the case can be found at http://www.lawlink. nsw.gov.au/
Inspector Jones v Buddy Charbel Challita; Inspector Jones v Mr Pump Pty Ltd [2005] NSWIRComm 385 File numbers IRC 7537 and IRC 7538 of 2004

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Buddy and the Crane

Boom pump operator fatally injures fellow employee NSW OHS Act 2000 - s 20(1) and S 8(1)

Boom pump operator fatally injures fellow employee
NSW OHS Act 2000 - s 20(1) and S 8(1)