Mainfreight Distribution Pty Ltd
Incident description:
A truck driver was waiting next to his truck while two forklift drivers were unloading his load (pack of 6 m x 3 m steel sprinkler pipe weighing approximately 1.2 tonne) from the side. The truck was located in an area known as the back dock which is an open expanse of concrete where forklifts unload from the same level as the trucks (ground level). The first forklift driver began unloading the pack of steel pipe and lifted the pack and placed it on an angle with one end resting on the edge of the truck and the other end resting on the ground. A second forklift driver then lifted the load with his forklift and the straps failed, causing the pipes to scatter. Some of the pipes fell onto and crushed the truck driver's foot.
Investigation findings:
The investigation revealed that the company provided forklift operators with forklift awareness training which addressed aspects of forklift/pedestrian interaction. However, it did not give the injured person any instructions or training in relation to exclusion zones around forklifts or safety zones in which he, as a truck driver, was to remain while his truck was being loaded or unloaded. The company also did not give its workers training or instructions in relation to exclusion zones where drivers were to remain while their trucks were being loaded or unloaded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)A new dock area was constructed so there would be no more unloading from ground level. The pipe manufacturers were requested to load and strap all pipes onto pallets/skids to maintain a more stable load.
Obligation holders should consider the requirements of section 27A of the Workplace Health and Safety Act 1995 which outlines obligations relating to risk management. The company should also consider the requirements of the Plant Code of Practice 2005, in particular part 5.4 Operation and part 5.8 Powered mobile plant and 5.8.1 Reversing powered mobile plant.
Court result:
The company was fined $35,000 with no conviction recorded.
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Industry:
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Road freight transport
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Defendant:
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Mainfreight Distribution Pty Ltd (ABN 85 003 840 319)
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Date of offence:
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3 November 2006
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Location of offence:
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Coopers Plains, Brisbane
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Injury:
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Crush injuries to right foot
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Offence:
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Grievous bodily harm
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Court:
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Holland Park Industrial Magistrates Court
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Magistrate:
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Mr Trevor Arnold
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Legislation:
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s.28(1) Workplace Health and Safety Act 1995
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Plea:
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Guilty
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Decision date:
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23 November 2007
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Penalty:
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$35,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$1,577
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Professional and legal costs:
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$750
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Court costs:
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$64.30
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In default period to pay:
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3 months, in default levy and distress
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Conviction recorded:
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No
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CIS No.:
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E55393
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