A supermarket and a Victorian based transport and warehouse company will face court later this month over the death of a 47-year-old itinerant man, who was run over after falling asleep in the loading dock area at Hibiscus Shopping Centre in Leanyer.
The man died after being struck by a prime mover leaving the loading dock in October 2016. The driver of the prime mover did not see the man.
Both companies face charges of breaching Section 32 of the Work Health and Safety (National Uniform Legislation) Act for failing to comply with a health and safety duty.
NT WorkSafe will allege the supermarket failed to implement a traffic management plan, despite knowing the loading dock was frequently used as a shortcut by pedestrians and a resting place by itinerants.
The safety regulator will also allege the supermarket failed to provide a site induction to the driver of the prime mover and failed to ensure that the warehouse company had proper procedures in place to provide the9 necessary training, instruction or supervision to the driver compliance with its health and safety duties.
NT WorkSafe also accuses the warehouse company of failing to have and maintain an induction program for the driver or refresher training on an annual basis, failure to arrange a site induction for the driver at Hibiscus Shopping Centre in Leanyer and failing to ensure the driver was aware of and complied with the company’s Standard Operating Procedures SOP 54 and SOP 55 which required drivers to physically check both the rear and front of the vehicle for pedestrians before moving.
Both companies face a maximum penalty of $ 1,500,000 if found guilty.
The matter is listed for mention in the Darwin Local Court on Tuesday 21 August 2018.
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