Operator ejected from cabin was not wearing seatbelt

Background

A quarry employee was operating an articulated dump truck (ADT) on a haul road. The ADT's front right wheel hit a windrow, causing the vehicle's cabin to rock violently. The force of the rocking ejected the operator from the cabin. The ADT continued along the haul road under its own power until it travelled over an edge and overturned.

The ADT operator, who was admitted to hospital with serious injuries, was not wearing a seatbelt at the time of the incident.

Safety issues

Safety issues in this incident include:

• failure to wear a seatbelt while operating the ADT
• excess speed or sharp braking, especially on corners and bends
• failure to verify the powered mobile plant operator’s competency to safely operate the plant.

Control the risk

The following measures can help control risks from powered mobile plant:

• Install in-cab driver distraction and fatigue monitoring systems.
• Ensure powered mobile plant is fitted with seatbelts. Maintain seatbelts in good working order.
• Ensure employees use seatbelts when operating powered mobile plant. This can be done by fitting sequentially interlocked seatbelts.
• Develop and put in place site procedures for the use of seatbelts when operating powered mobile plant.
• Ensure powered mobile plant is operated with the windows and doors closed. The plant will require air conditioning and communication devices. These will help limit the need for cabins to be open.
• Verify operator competency in the safe use of plant.

Legal duties

Employers have legal obligations for the health and safety of their employers and other persons. These include duties under the:

• Occupational Health and Safety Act 2004 (OHS Act)
• Occupational Health and Safety Regulations 2017 (OHS Regulations).

Employers’ duties require them to eliminate hazards and risks. They must do this so far as is reasonably practicable. If it is not reasonably practicable to eliminate hazards and risks, employers must reduce them. They must reduce hazards and risks so far as is reasonably practicable.

In line with their duties, employers must, so far as is reasonably practicable, do the following:

• Provide and maintain a work environment that is safe and without risks to health. This includes providing fit-for-purpose plant and systems of work.
• Identify hazards associated with the use of plant.
• Take action to control any risk associated with plant. This includes controlling the risk of operators being ejected from powered mobile plant. Employers can do this by ensuring operator protection devices are provided, maintained and used.
• Consult with employees, contractors and any health and safety representatives. This includes when
  • identifying hazards and risks
  • deciding how to control hazards and risks
  • implementing controls to manage hazards and risks.

Employers have a duty to provide employees with information, instruction, training or supervision. To fulfil this duty, employers must provide what is necessary for employees to work safely. This includes how to identify hazards and risks and safely operate mobile plant.

Employers must also review and revise any measures they use to control risk.

The OHS Act and OHS Regulations also place duties on designers, manufacturers and suppliers of plant.