Traffic incident involving motor vehicle

Possible control measures to prevent similar incidents

Many public events are commercial enterprises and involve risks outside those usually encountered at a workplace. When a public event is run by a PCBU, work health and safety laws apply, and they must ensure:

• the health and safety of participants, spectators and anyone else at the event
• the work environment is without potential risks to health and safety
• plant and structures are safe.

Event organisers must communicate with all relevant people like workers, volunteers, contractors, suppliers and the relevant road authority or council, and work together in a co-operative and co-ordinated way so all risks are managed. This could include pre-event planning meetings to identify potential traffic hazards and to decide what can be done to control the risks.

Source: Safe Work Australia - Traffic management

The model WHS Act sets out the principles that apply to all work health and safety duties under sections 13-17. PCBU’s should know about their primary duty to ensure the health and safety of their people, but beyond that, what principles apply more broadly to ensure WHS duties are met. One of these duties states that a duty holder cannot transfer their duties to another person. Any contractual term that seeks to transfer or reduce the duty holder’s responsibility will be invalid.

Source: Safe Work Australia

Sections 214 and 215 of the Work Health and Safety Regulation 2011 (the WHS Regulation) set out requirements for powered mobile plant control measures where it is reasonably practicable to do so. PCBUs must first consider controls that most effectively eliminate the risk or, where elimination is not reasonably practicable, that minimise the risks.

Hazards such as pedestrians being struck by vehicles may be minimised using higher order controls including but not limited to physical barriers that prevent pedestrians or mobile plant and vehicles access to designated areas, such as installing fencing or water filled barriers.

The barrier system must be designed for a likely impact and account for the potential speed and size of vehicles and mobile plant. Witches’ hats, para-webbing bollards or bunting are less effective as they do not physically stop someone entering an exclusion zone or roadway. In most cases these barriers will provide visual boundaries around the pedestrian zone.

Administrative controls can include, but are not limited to, the design and implementation of a traffic management plan.

Traffic management plan

A traffic management plan is a set of rules for managing the movement of traffic and pedestrians at the event or workplace. It should be designed to support environments with a risk of workers and/ or members of the public being struck by mobile plant and vehicles exist. The traffic management plan must be developed by the PCBU in consultation with workers and others in the workplace.

Where it isn’t reasonably practicable, to separate pedestrians and vehicles, the following should also be considered in your plan.

• Wherever possible, pedestrians should be separated from vehicles and mobile plant. It is recommended your site or location is divided into the following zones:
  • Pedestrian only zones –walkways and pedestrian areas. Pedestrian routes and intersections should be clearly marked, unobstructed, well maintained and well lit.
  • Restricted areas – These are vehicle and mobile plant working areas plus all roadways for vehicle and mobile plant – they are termed “restricted areas” as pedestrian access is generally not permitted.
  • Shared zones – crossings over roadways and some zones where there is both pedestrian access and vehicles and mobile plant.
• Signage should clearly mark pedestrian walkways, guide traffic, provide warnings and identify exclusion zones.
• Designated speed limits, driver directions, drop-off and set-down areas, and site instructions in place.
• Scheduling work activities at different times.
• Use of spotters to direct vehicle and mobile plant movement and pedestrian interaction. In peak periods, the use of traffic controllers, marshals, parking attendants who are competent to carry out this work should be considered.
  Source: Safe Work Australia - Traffic management

The PCBU should also ensure relevant information, training, instruction and supervision is provided to control the risks associated with the event including the traffic management plan.

Any remaining risk can be minimised with suitable personal protective equipment. For example, hard hats, steel cap boots, and high visibility vests.

Administrative control measures and PPE rely on human behaviour and supervision. If used on their own, they are least effective in minimising risks. The control measures you put in place should be reviewed regularly to make sure they work as planned.