J. W. Fibreglass Manufacturing Pty Ltd
Incident description:
A worker was run over by a forklift operated by another worker at a fibreglass pool manufacturing business.
WHSQ investigation findings:
The investigation found the forklift operator did not hold the appropriate licence, and had previously driven the forklift as a part of his daily duties. It was also found the defendant had not carried out a risk assessment in respect of the hazards presented by operating mobile plant around pedestrian workers. No formal work procedures were in place, instead reliance was on the workers to be careful.
Court result:
The defendant was found guilty and fined $45,000. No conviction was recorded. The defendant has one other previous conviction (2005) under the Workplace Health and Safety Act 1995.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Physical barriers or designated walkways would have better managed the interaction of forklifts and pedestrians at the workplace. Obligation holders should ensure that forklift drivers hold the appropriate licence to operate a forklift safely.
Visit the Workplace Health and Safety Queensland website for more information on:
- assessing the risks associated with working with or around forklifts
- conducting risk assessments
- developing safe operating procedures, and
- forklift licenses.
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Industry:
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Manufacturing
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ANZSIC code:
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2212 |
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Defendant:
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J. W. Fibreglass Manufacturing Pty Ltd
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Defendant ACN:
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094 422 796
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Date of offence:
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17 January 2007
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Location of offence:
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Beaudesert
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Injury:
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Multiple leg fractures
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Beaudesert Industrial Magistrates Court
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Magistrate:
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Mr George Wilkie
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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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16 June 2008
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Penalty:
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$45,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$1,810
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Professional and legal costs:
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$750
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Court costs:
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$66.40
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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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Yes
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CIS event no.:
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58407
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