Court fines Camden Council $750,000 over men’s shed death

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After being found guilty and fined $750,000 over the tragic death of a member of a local Men’s Shed, Camden Council says it has implemented new and additional systems, processes and policies to help prevent an incident like this from occurring in the future.

The local volunteer was killed while installing irrigation pipe at the Camden Bicentennial Equestrian Park in July of 2018.

“Camden Council pleaded guilty to breaching a provision of the Work Health and Safety Act and accepts the fine that was handed down,’’ a council spokesperson told the South West Voice this morning.

“Council expresses our condolences once again to the family, friends, council staff and all other community members affected by this tragic incident.

“We pride ourselves on being part of our community and providing a safe environment for our staff and residents to live, work and play.”

The council was investigated by SafeWork NSW and pleaded guilty to a breach of the Work Health and Safety Act 2011 in the NSW District Court.

The incident occurred in July 2018, when untrained volunteers from the Men’s Shed tried to move a 500-metre length of PVC irrigation pipe by towing it with a tractor.

A male volunteer was struck on the head by the pipe while it was being towed, suffering fatal injuries.

The NSW District Court found the risk of being struck by the pipe was foreseeable and that Camden Council failed to implement safety systems or conduct a risk assessment for the project.

The Camden Equestrian centre where the tragedy took place in 2018 and, top, the Camden Council administration building in Oran Park.

The court also found that the volunteer was not qualified or trained to perform the work and the purported supervisor of the project had no qualifications in irrigation work or use of heavy plant.

SafeWork executive director of investigations and enforcement Rick Bultitude said that while volunteers perform essential tasks throughout the community without pay or reward, they are still considered workers under Work Health Safety (WHS) legislation.

“Organisations who have workers have work, health and safety duties and obligations not just to paid staff, but also for any volunteers they engage,” Mr Bultitude said.

“Workers and volunteers also have WHS obligations of their own, including taking reasonable care of the health and safety of themselves and others.

“The person conducting a business is required to ensure an adequate risk assessment is conducted for work undertaken, and ensure appropriate information and instruction is provided to any volunteers.

“And volunteers should never be used to undertake work for which they are either unqualified or untrained to perform,” Mr Bultitude said.

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