Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

COMMITTAL PROCEEDINGS
MCDONOUGH CONTRACTING PTY LTD
Date of offence: 24 October 2003
Date of prosecution:
Magistrate:
Plea:
18 to 20 July 2005 at Melbourne Magistrates’ Court
His Honour Magistrate Walter
Not guilty
On 24 October 2003, footpath works were being conducted in the vicinity of 279-281 Blackburn
Road, Glen Waverley. Consequently, portions of the footpath were closed.
Rabot Paving (Australia) Pty Ltd was performing these works under a supply contract with the
Monash City Council on behalf of the City of Monash. Most of the 10 workers on site were directly
employed by McDonough Contracting Pty Ltd, who supplied labour to Rabot Paving (Australia) Pty
Ltd. Others workers were engaged by Rabot Paving (Australia) Pty Ltd as independent contractors.
Rabot Paving (Australia) Pty Ltd engaged Chubb Security Australia Pty Ltd to undertake traffic
management at the worksite. This involved the preparation of a traffic management plan (TMP) and
the supply of traffic controllers on site.
The TMP was perused and endorsed by an engineer employed by the Monash City Council prior to it
being submitted to VicRoads by Chubb for approval to implement the TMP. It is alleged that the TMP
and letter supplied to VicRoads contained inaccurate information. The TMP stated the works would
take place on one day, whereas they were to be undertaken over four days. Furthermore, the TMP
did not make any provision for pedestrian traffic around the worksite.
Chubb Security Australia Pty Ltd engaged two traffic controllers to perform the traffic
management at the site. They had limited experience as traffic controllers. The closed lane/work
zone at the worksite extended a distance of approximately 800 metres, and there were numerous
sites nominated for footpath repair and re-instatement over this area.
Monash City Council had a contracted supervisor visit the site at least once per day.
At approximately 10.25am on 24 October 2003, a 56 year old pedestrian had been walking from her
home (located at the north east end of the works) to the south side of Montgomery Avenue. There
were a number of obstructions, such as piles of excavated soil, trees and an electricity pole, along
the nature strip. The pedestrian moved onto the road somewhere in the vicinity of Doynton Parade
and proceeded south along the closed lane of Blackburn Road. The pedestrian was struck by a
utility truck reversing a distance of about 200 metres. The truck did not have reversing beepers
or a spotter. Neither of the two Chubb Security Australia Pty Ltd traffic controllers were in the
immediate area when the incident occurred.
The pedestrian died as a result.
Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.
Result: Committed to stand trial in County Court.
PROSECUTIONS 2005
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