In Inspector Lancaster v Eurobodalla Shire Council the council was fined $175,000 after an employee died after a tree felling exercise went wrong.
As part of a road development requiring tree clearing, a supervisor identified that it was dangerous to clear trees near a fence line as there were telephone lines underneath. The problem was not documented and the employee was directed by a relieving supervisor to clear trees along the fence with a chainsaw. The first tree cleared split and was identified as a problem tree. The second tree was also a problem tree and split as it was falling and the employee failed to evade it and was crushed.
The employee was directed to perform work which was unsafe. The use of a chainsaw on an identified problem tree with the use of an excavator was unsafe. The council’s safety protocols had not contemplated felling of trees by any other method than by bulldozer. The accident arose out of a gap in the safety system and an inability to communicate the safety concerns between management. The original supervisor had identified the problem, as it was not documented, the relieving supervisor was not aware of the safety risk and directed the employee to cut down a tree with a chainsaw.
After the incident the council took steps to make sure any other gaps in its safety system was removed, showed remorse and provided assistance to the family of the deceased. These factors were considered by Marks J in delivering the penalty, $87,500 for failing to ensure the safety of employees and $87,500 for failing to ensure others at the site were not exposed to risks.
Documentation and communication of risk is essential and may prevent serious injury or fatality in the workplace. In the absence of the communication, it is unfortunate that cases such as above will continue to occur. Prior to the beginning of any work, especially on a new work site, comprehensive job safety analysis needs to be performed and complied with to ensure safety of site and to eliminate safety risks.