Comcare said it would allege the Leighton subsidiary contravened section 16 of the Occupational Health and Safety Act 1991 by failing to take all reasonably practicable steps to protect the health and safety at work of its employees and that this failure resulted in the workplace fatality on May 6, 2008.
The accident occurred while a team of five John Holland workers were involved in moving precast concrete decks to the end of a jetty under construction.
The precast concrete decks were being transported on two jinkers that were being pushed by a front end loader.
A jinker is commonly used to transport large loads.
During this procedure, a worker’s foot became trapped under wooden scaffolding planks on the jetty. The worker was fatally injured when he was run over by the wheels of the jinker.