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J. W. Fibreglass Manufacturing Pty Ltd

Summary

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:

Details
   
Industry:
Manufacturing
ANZSIC code:
2212
Defendant:
J. W. Fibreglass Manufacturing Pty Ltd
Defendant ACN:
094 422 796
Date of offence:
17 January 2007
Location of offence:
Beaudesert
Injury:
Multiple leg fractures
Circumstance of aggravation:
Grievous bodily harm
Court:
Beaudesert Industrial Magistrates Court
Magistrate:
Mr George Wilkie
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
16 June 2008
Penalty:
$45,000
Maximum fine available:
$375,000
Investigation costs:
$1,810
Professional and legal costs:
$750
Court costs:
$66.40
In default period to pay:
Twelve months to pay, in default levy and distress
Conviction recorded:
Yes
CIS event no.:
58407