TNT Australia Pty Ltd
Incident description:
A worker was injured while assisting a forklift operator to load a trailer. The worker's task included organising freight as it is loaded onto the trailer and checking that everything was loaded. On the day of the incident, the worker checked some pallets for one of the two trailers that the forklift operator needed to load and told the operator he could start loading. As the worker walked towards some other pallets, the forklift reversed and hit him from behind. The forklift operator stated that he looked over his right shoulder but made a left hand reverse turn. The injured man sustained a broken ankle and de-gloving of the back of his leg.
Investigation findings:
The company had documented generic control measures but failed to specify controls such as providing signage, flashing warning lights, reversing alarms and rear vision mirrors. The forklift operator was certified to operate the forklift. No internal training was provided relating to forklift and pedestrian interaction.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the incident, the company:
- created a pedestrian exclusion zone between the two trailers while the forklift is operating.
- provided information to workers regarding the risk of pedestrians being hit by forklifts during loading operations.
Obligation holders should consider the requirements of section 27A of theWorkplace 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.
Court result:
The company was fined $30,000 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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TNT Australia Pty Ltd (ABN 41 000 495 269)
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Date of offence:
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27 June 2006
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Location of offence:
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Salisbury
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Inury:
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Broken ankle, de-gloving of the back of the leg
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Offence:
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Grevious 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 N 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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22 November 2007
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Penalty:
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$30,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$1,239
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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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2 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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50457
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