SafeWork SA | An excavator operator has been fined $15,000 following a workplace incident at a demolition site in Adelaide’s western suburbs that left a worker with life-changing injuries.
Sole trader and civil demolition contractor Josef Kovacev was convicted in the South Australian Employment Court following a SafeWork SA prosecution.
The Court found Mr. Kovacev failed to comply with his health and safety duty while operating an excavator during demolition works at a residential property in Torrensville on 15 November 2023.
The incident occurred while demolition and site clearance works were being undertaken at the property.
Mr. Kovacev had been engaged as a subcontractor to operate an excavator, while a labourer was working nearby sorting building debris.
While operating the excavator to uproot trees and gather green waste, Mr. Kovacev struck the labourer with the excavator arm and bucket.
The labourer suffered a severe crush injury to his left foot that ultimately required a partial foot amputation.
SafeWork SA’s investigation found workers could be working in close proximity to the excavator while it was operating and that there was no adequately enforced exclusion zone, communication system or spotter in place to manage the risk of workers being struck by the machine.
In his judgment, Auxiliary Judge Hannon found Mr. Kovacev failed to provide a safe working environment by failing to enforce an exclusion zone around the excavator or an appropriate system of communication between himself and workers operating nearby.
Judge Hannon found it was reasonably practicable for Mr. Kovacev to enforce an exclusion zone, establish a system of verbal or hand-signalling communication, or cease operating the excavator while workers were in the vicinity.
Judge Hannon said the excavator “came to be operating in dangerous proximity” to the labourer in circumstances where there was inadequate monitoring of an exclusion zone.
He said measures such as enforcing exclusion zones or communication systems “would have either minimised or eliminated the risk” of a worker being struck and suffering death or serious injury.
Mr. Kovacev was charged with a Category 2 offence under the Work Health and Safety Act 2012 (SA). He was convicted and fined $15,000. He was also ordered to pay SafeWork SA’s costs of $1,210 and a Victims of Crime levy of $466.
