Air Freight Handling Services Pty Ltd
Incident description:
A contractor had her leg broken when a forklift transporting two cages entered a warehouse and knocked her to the ground.
WHSQ investigation findings:
The investigation found that the cages were stacked one on top of the other while being transported. The forklift driver also had the tynes raised which obstructed his vision and he did not see the contractor walk in front of the forklift. The investigation also found that the forklift driver did not have a forklift licence.
Court result:
The defendant pleaded guilty and was fined $33,000. No conviction was recorded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Employers must ensure that workers who operate forklifts in the workplace hold the appropriate licence to operate the forklift. Employers should keep a register as a record of the licences held by workers operating forklifts.
Employers must ensure that a traffic management plan is in place where pedestrians and forklifts work together. A traffic management plan includes information for workers on safe operating procedures to follow when working around forklifts and may include controls to separate pedestrians and forklifts such as the erection of physical barriers between pedestrian walkways and forklift operating areas.
Visit the Workplace Health and Safety Queensland website for more information on:
- working with or around forklifts, and
- conducting risk assessments or developing safe operating procedures.
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Industry:
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Transport and storage
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ANZSIC code:
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6643 |
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Defendant:
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Air Freight Handling Services Pty Ltd
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Defendant ACN:
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113 023 662
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Date of offence:
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23 August 2006
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Location of offence:
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Cairns
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Injury:
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Broken left leg
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Cairns Industrial Magistrates Court
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Magistrate:
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Ms Kate McGuinness
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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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20 February 2008
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Penalty:
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$33,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$2,174.65
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Professional and legal costs:
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$750
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Court costs:
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$65.40
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In default period to pay:
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Twelve months to pay, in default levy and distress
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Conviction recorded:
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No
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CIS event no.:
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52588
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