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James Hardie Australia Pty Ltd

Summary

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:

Details
Industry:
Manufacturing
ANZSIC code:
1499
Defendant:
James Hardie Australia Pty Ltd
Defendant ACN:
084 635 558
Date of offence:
30 April 2007
Location of offence:
Carole Park
Injury:
Broken leg
Circumstance of aggravation:
Grievous bodily harm
Court:
Ipswich Industrial Magistrates Court
Magistrate:
Mr Roger Stark
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
1 September 2008
Penalty:
$37,500
Maximum fine available:
$375,000
Investigation costs:
$1,869.58
Professional and legal costs:
-
Court costs:
$65.40
In default period to pay:
One month to pay, in default levy and distress
Conviction recorded:
No
CIS event no.:
62828