James Hardie Australia Pty Ltd
Incident description:
A worker sustained serious crush injuries to his leg when he was caught between the tyne of a forklift and the frame of an auto clave trolley. The worker was marking up stacks of compressed fibreboard which were due to be steamed. The driver of the forklift did not see the worker between the stacks of board and proceeded to move the forklift in to pick up the trolley.
WHSQ investigation findings:
The investigation found that the defendant had not identified the hazards and risks associated with the loading, unloading and transportation of the stacks of fibreboard with the forklift.
Court result:
The defendant was found guilty and fined $37,500. No conviction was recorded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Employers should ensure that pedestrian exclusion zones have been put in place in areas that forklifts are being operated. Employers should consider the development of a traffic management plan, including information for workers on safe operating procedures when working around forklifts.
Visit the Workplace Health and Safety Queensland website for more information on:
- assessing the risks associated with working around forklifts
- conducting risk assessments, and
- implementing controls or evaluating or monitoring them.
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Industry: |
Manufacturing |
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ANZSIC code: |
1499 |
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Defendant: |
James Hardie Australia Pty Ltd |
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Defendant ACN: |
084 635 558 |
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Date of offence: |
30 April 2007 |
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Location of offence: |
Carole Park |
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Injury: |
Broken leg |
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Circumstance of aggravation: |
Grievous bodily harm |
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Court: |
Ipswich Industrial Magistrates Court |
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Magistrate: |
Mr Roger Stark |
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Legislation: |
s.28(1) Workplace Health and Safety Act 1995 |
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Plea: |
Guilty |
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Decision date: |
1 September 2008 |
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Penalty: |
$37,500 |
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Maximum fine available: |
$375,000 |
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Investigation costs: |
$1,869.58 |
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Professional and legal costs: |
- |
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Court costs: |
$65.40 |
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In default period to pay: |
One month to pay, in default levy and distress |
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Conviction recorded: |
No |
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CIS event no.: |
62828 |
