ACT Government fined nearly $400,000 for safety failure that led to bus crushing

The ACT Government has been fined almost $400,000 in relation to a workplace accident. It’s the government’s first prosecution under the Work Health Safety Act 2011.

Transport Canberra and City Services previously pleaded guilty over the incident in the ACT Industrial Court before it was convicted and fined $375,000 on Wednesday (7 August).

It was also ordered to pay $35,000 in legal costs.

On 3 November 2021, Transport Canberra workers were performing maintenance on a public passenger bus in its Belconnen depot, greasing the components under its wheels.

The victim was still partially inside a wheel arch when the driver turned the wheel, crushing the victim between it and the body of the bus.

He and another worker yelled out and closed-circuit television footage captured him falling to the ground in front of the bus before he was helped by others.

He suffered serious injuries, including multiple fractured ribs and two partially collapsed lungs.

The driver turned the wheel because another worker wearing similar high-vis clothing to the victim had walked past the front of the bus while the victim was still in the arch. He had mistaken this other person for the victim.

Magistrate James Lawton said Transport Canberra had not identified the specific hazard and risk, and the three workers performing the procedure that day were taught to use their ad-hoc method through on-the-job training.

Magistrate Lawton said the risk of a worker getting crushed during the procedure was high, and the fact the procedure was carried out infrequently did not mitigate the defendant’s culpability.

Mitigating steps could have easily been taken, which made the offending more serious, he said.

He said the extent of the risk was significant, and the seriousness of the offending was high overall.

Transport conceded no safe operating procedure was in place at the time but did develop a safer procedure before the end of the month.

WorkSafe ACT said the victim suffered severe injuries that prevented his return to pre-injury work.

“This is the first successful prosecution of its kind in the ACT, with the Territory being convicted of a serious offence against the WHS laws,” WHS Commissioner Jacqueline Agius said.

“WorkSafe ACT will continue to focus on investigating failures of safety systems that put workers at risk.

“A safe and healthy workplace is a fundamental right for all workers at all workplaces, whether in the public or private sector.”

Transport Canberra and City Services Director-General David Pryce said this incident should never have occurred.

“We sincerely regret and apologise that our infrastructure and systems were not sufficient to afford greater safety for staff undertaking the task,” he said.

“The directorate has been supporting the individual involved in their ongoing recovery and transition back to full-time work. Counselling and support services have been made available to all employees who may have needed assistance during this process.”

Mr Pryce said a range of measures had been put in place since this incident to prevent it from reoccurring.

“A new process was implemented in Transport Canberra within 10 working days following the incident,” he said.

“This new process was implemented following workplace consultation, training and updating standard operating procedures.”

The government pleaded guilty to and was convicted on a charge of failing to comply with a health and safety duty risking death or serious injury.

It had faced a maximum fine of $1.5 million.