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Besil Pty Ltd

Summary

Incident description:

A worker at a plasterboard warehouse was injured after stepping down from a forklift that he was incorrectly riding as a passenger. On reaching the ground, the forklift operator reversed over the worker's left foot. The worker's foot became caught in the forklift as it went forward. The operator panicked and put the forklift in reverse again. At this point, the worker felt a rip in his foot, sustaining multiple fractures to his lower left foot.

The forklift operator did not have a forklift license and there were no safe work procedures or instructions given to workers who operated the forklift.

As a result of the incident, the company amended its employee manual and implemented a procedure, which ensures that forklifts are only operated by persons with a forklift license.

Court result:

The defendant pleaded guilty and was fined $30 000. No conviction was recorded.

Considerations for prevention:

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

When working in construction industry where there is exposure to risks from operating plant, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing appropriate control measures associated with operating plant, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. When high risk plant is in operation within the workplace, employers must ensure that all relevant workers are aware of the risk and potential dangers.

The operator of the plant should be competent to operate the plant and hold the appropriate certification.

Safe operating procedures should also be implemented to ensure clear boundaries are set for the safe operation of this plant. Consideration should also be given to implementing exclusion zones around moving forklifts and installing marked pedestrian access points to ensure staff safety.

Visit the Workplace Health and Safety Queensland website for more information on:

Details
   
Industry:
Construction
ANZSIC code:
4241
Defendant:
Besil Pty Ltd
Defendant ACN:
105 630 742
Date of offence:
17 October 2006
Location of offence:
Acacia Ridge
Injury:
Crush and fracture injuries to left foot
Circumstance of aggravation:
Grievous bodily harm
Court:
Richlands Industrial Magistrates Court
Magistrate:
Mr Russell Lebsanft
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
10 January 2008
Penalty:
$30 000
Maximum fine available:
$375 000
Investigation costs:
$3361.43
Professional and legal costs:
$750.00
Court costs:
$65.70
In default period to pay:
Twelve months to pay, in default levy in distress
Conviction recorded:
No
CIS event no.:
54769