The incident, which occurred at about 8.45am on May 21, 2014, was within a partly constructed fabricated steel building intended to house a coal screening plant.

A crew of workers was deployed in various locations around the building to progress construction.

The building is three floors comprising structural steel, steel mesh, steel stairways and conveyor gantries. Hand rails were mostly in position but in some cases were still being installed.

The deceased – who was a contractor working for the Sedgman Thiess joint venture – was using a mobile articulated boom MEWP (rough terrain diesel knuckle boom).

The MEWP was rated for an 18.3m lift and maximum load of 230kg.

At the time of the incident the worker was observed standing alone in the MEWP basket.

When last observed by a colleague, there was only a small distance between the worker’s safety helmet and an overhead 600mm steel beam.

Shortly afterwards, the worker was seen with his head caught between the steel beam and the safety rail protecting the operator’s console.

Workers immediately lowered the basket using the controls on the base of the machine at ground level.

Efforts to revive the worker were unsuccessful. A second MEWP was brought in from nearby on the worksite to recover the deceased worker to the ground level.

Inspectors and investigators from NSW Trade & Investment and the NSW police force responded to the incident.

The deceased worker had a national licence to perform high risk work and held competencies in the operation of the MEWP being used.

Before the incident a MEWP prestart inspection was conducted by the deceased worker.

Mine risk assessment documents required the presence of a spotter to control the identified risk of being trapped between the MEWP and fixed structures.

Investigators are working to identify the cause and circumstances of the incident.

“Industry, supervisors and workers that use MEWPs are urged to inform themselves of up-to-date knowledge of hazards, risks and control measures associated with the use of this type of equipment and ensure that this information is incorporated into the processes used at the workplace,” NSW Mine Safety investigation unit acting manager Steve Orr said.

“In response to this incident, Mine Safety inspectors issued the mine operator with a notice requiring a full risk assessment to be undertaken in relation to all MEWPs at the site.

“The notice also requires the mine operator to consider the use of engineering controls that provide overhead protection for operators working in MEWP baskets.”