Legal action against company whose road worker was rundown by ute

WorkSafe Tasmania is prosecuting the company which employed a Launceston road worker who was struck and killed by a ute.

Terrence William Close was directing traffic near roadworks in Mowbray when he was hit by a ute in February last year.

Driver Murray Higgs later pleaded guilty to negligent driving causing death and was given a three-month suspended sentence.

He also lost his licence for a year.

Higgs told the Supreme Court he had been adjusting the radio in his ute and did not see Mr Close.

Launceston-based Venarchie Contracting was charged with failing to comply with health and safety duties.

The category-two offence is the second most serious workplace safety charge and carries a fine of up to $300,000.

According to court documents, WorkSafe alleged Mr Close was hit by the ute when he was directing traffic.

It was alleged he was standing in the centre of Vermont Road about 15 metres behind crack-sealing vehicles, including a truck.

Another truck blocked the other workers' view of Mr Close.

It was alleged Venarchie Contracting failed to ensure that safe systems of work were implemented, including a sufficient traffic management plan.

It was also alleged the company should have ensured traffic management signs were placed closer to the work site and not required Mr Close to stand on the road in the path of vehicles.

Traffic cones should have been used to separate Mr Close from traffic and there should have been a shadow vehicle with mounted lights.

The company also alleged to have failed to ensure its risk assessment included measures that would have allowed Mr Close to direct traffic from the side of the road.

Vernarchie Contracting did not enter a plea and will return to court in December.