In November 2024, Twin Connect was fined $180K for failing to ensure the safety of a contractor when an excavator being operated by a Twin Connect employee struck a contracted traffic controller, causing serious injuries. This is an example of a duty holder wearing two hats. Twin Connect had duties both as a Principal Contractor for site safety to ensure the safe movement of traffic/ plant around the site and as a PCBU, undertaking the HRCW of construction work that was carried out in an area at a workplace in which there is any movement of a powered mobile plant. In breach of its duties as a PC and PCBU, Twin Connect did not implement adequate traffic management or exclusion zones. The traffic control contractor, as a PCBU undertaking HRCW, also had a duty to prepare and implement SWMS (this was not discussed in the decision). It is to be noted that Twin Connect had a SWMS that had not been implemented…mmmmm.
