When a construction site pops up next to a playground and a child is injured, who is responsible? This was the scenario argued at a mock trial as part of National Safe Work Month on Wednesday.
SafeWork SA hosted the public mock trial in conjunction with Local Government Workers Compensation Scheme (LGAWCSS) and Sparke Helmore Lawyers at the Burnside Ballroom on 19 October.
More than 100 people attended from organisations across SA with the proceedings following a fictitious scenario where a young girl was severely injured after she was struck by a moving excavator at a playground construction site.
The site was adjacent to an existing playground that was deliberately left open by the council while the construction took place.
The construction company pleaded guilty to a series of charges but the mock trial focused on alleged breaches of section 32 of the Work Health and Safety Act 2012 (WHS Act) by the local council and its operations manager.
SafeWork SA’s Paul Findlay argued for the prosecution in the mock trial while Sparke Helmore Lawyers Partner Luke Holland represented the defendants. WHS and Risk Manager at LGAWCS Stevie Sanders played the magistrate in the scenario.
The mock trial was a depiction of actual court proceedings and included opening arguments, witness cross-examination, closing submissions and the magistrate’s judgement.
The local council and its operations manager were both found guilty and fined for breaching section 32 of the WHS Act.
The goal of the mock trial was to detail how the Regulator (SafeWork SA) enforces the Work Health and Safety Act in court.
Mr Holland said the mock trial was an opportunity to encourage safety behaviours in organisations across South Australia.
‘This mock trial is relevant not only for contractors and sub-contractors in the construction industry but is relevant for all PCBU’s across South Australia as this process if applicable for different workplaces, under the WHS Act,’ he said.
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