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By Rebecca Brice

Urgent changes needed for scissor lift use after man crushed to death, coroner says

A tribute outside the new Royal Adelaide Hospital to worker Jorge Castillo-Riffo, who died in 2014.

Scissor lifts should not be used without a spotter until national standards are introduced, South Australia's coroner has recommended.

The recommendation was made as part of the inquest into the 2014 death of Jorge Castillo-Riffo, who was killed while working in a scissor lift on the construction site of the new Royal Adelaide Hospital.

The inquest heard evidence scissor lifts from different manufacturers had different sets of controls and that this could be a significant problem for operators.

In his findings, coroner Mark Johns said a secondary safeguard was needed, "while Australia continues to have a proliferation of scissor lifts with non-standard control configurations".

"I therefore recommend that until the implementation of a system of effective standardisation of scissor lift control configuration across the country, that scissor lifts not be operated unless there is a person on the ground operating as a spotter and who is available at all times to take steps to activate the emergency-lowering mechanism, should that be necessary," he said.

Mr Castillo-Riffo's partner, Pam Gurner-Hall, welcomed the recommendations.

"Having a spotter on the site right now with every single elevated work platform or a scissor lift can be done right now so I'm calling on every builder … not only in this state but right across Australia to implement that change from now," she said.

"The reality is, that if there had been a spotter, Jorge would still be alive.

"That has been made very clear in this whole process."

SafeWork SA also under the spotlight

The coroner also criticised SafeWork SA's handling of the investigation and its claims it was not responsible for investigating the cause of Mr Castillo-Riffo's death.

Mr Johns described it as a "startling proposition" that in its closing submissions, SafeWork SA claimed the Coroners Court did not have the jurisdiction to make findings or recommendations about SafeWork SA given the organisation played no role in the circumstances of Mr Castillo-Riffo's death.

"Of course it goes without saying that SafeWork SA did not play any role in causing or contributing to the death of Mr Castillo-Riffo," Mr Johns said.

"It is bizarre that SafeWork SA would feel the need to make such a self-evident and self-serving statement."

He noted SafeWork SA submitted that its investigation, "was not a broader inquiry into the cause and circumstances of Mr Castillo-Riffo's death".

"It was not an investigation to assist this court," he said.

"Whilst [SafeWork SA] voluntarily provided its file to this court, it was the South Australia Police … who conducted the coronial investigation."

Mr Johns described that analysis as "narrow, artificial and wrong".

"To suggest that the establishment of cause of death is a matter for the coroner and SAPOL and none of SafeWork SA's business is an alarming proposition," he said.

"The coroner and the Coroners Court rely entirely upon external agencies for investigations.

"I am dismayed that SafeWork SA would effectively wipe its hands of any responsibility to assist in the process of establishing the cause and circumstances of the death of a worker at a fatal industrial accident."

Agency already under ICAC review

Mr Johns refrained from making a recommendation about SafeWork SA's investigatory practices, noting the Independent Commission Against Corruption's current review of the agency, "will undoubtedly contain recommendations on that subject".

Mr Johns also made a recommendation that the Government provide Legal Services Commission funding to enable families to be legally represented in inquests, for deaths in custody and in general.

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