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AGB International Pty Ltd

Summary

Incident description:

A worker sustained a fractured left ankle, foot and toe when he was struck by a reversing forklift while cleaning-up.

Investigation findings:

The investigation found that while the defendant had some systems in place including designated walkways and the requirement that workers wear high visibility vests, the audible reverse beeper on the forklift was not working and that the high visibility vest worn by the worker was covered by a jumper.

Considerations for prevention:

(Commentary under this heading may be additional to material before the court.)

While some controls were in place to manage the risk of pedestrians coming into contact with passing traffic the defendant failed to properly enforce these controls which would have ensured their effectiveness. The use of higher order controls such as engineering controls or physical barriers may also have better managed the interaction of forklifts and pedestrians at the workplace.

Court result:

The defendant pleaded guilty and was fined $34,000. No conviction was recorded.

Details
Industry:
Manufacturing
Defendant:
AGB International Pty Ltd (ANZSIC code 2161)
Date of offence:
1 August 2007
Location of offence:
Capalaba
Injury:
Broken left ankle, foot and toe
Offence:
Grievous bodily harm
Court:
Cleveland Industrial Magistrates Court
Magistrate:
Mr Russell Warfield
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
21 November 2008
Penalty:
$34,000
Maximum fine available:
$375,000
Investigation costs:
$1,448.10
Professional and legal costs:
Nil
Court costs:
$68.80
In default period to pay:
In default levy and distress
Conviction recorded:
No
CIS No.:
66624

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