Court sends message on crane safety after leg crushed
A business breached its duty of care to a truck driver by failing a provide a safe system of work, the NSW Supreme Court has found.
Justin Bailey was injured when a bundle of steel beams was being unloaded from his truck in September 2018.
He suffered injuries to his spine, knees, wrists, elbows and shoulders, and psychological injury.
KMAR Engineering director Peter Learmonth was using a 10-tonne gantry crane to lift the beams, and he directed Mr Bailey to climb onto a tray to attach chains to the load.
Mr Bailey said he had done this before and it should have been safe, but he was caught by a beam being lifted and his leg was crushed.
He said Mr Learmonth did not wait for him to give a signal to lift or for him to move to a safe area.
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Judge Michael Walton says it was reasonably foreseeable that Mr Bailey could be injured if the beams were moved without warning or opportunity to move.
“It is appropriate that a crane operator does not expose persons in its path to risk of collision with the load.”
He says KMAR could have reduced the risk by implementing safe zones and exclusion zones during loading and unloading, using simple and effective hand signals to communicate, and training workers on these.
The court has awarded damages of $1.48 million, including $576,796 for past economic loss and $353,134 for future economic loss.
Read the judgment here.