Mainfreight Distribution Pty Ltd
Incident description:
A worker while checking the contents of pallets being unloaded off a delivery truck sustained a broken left leg and multiple fractures to his left ankle when he was struck from behind by a reversing forklift.
Investigation findings:
The investigation found that while the defendant had a forklift and pedestrian traffic policy, and workers were made aware of it during their induction training, this policy omitted a safe work procedure which would have instructed workers working on foot how to check pallet stock during unloading in such a way that would prevent them from coming into contact with passing traffic.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)While administrative controls in the form of policy and procedure were implemented, the presence of higher order engineering controls such as physical barriers or designated walkways would also have contributed towards better managing the interaction of forklifts and pedestrians at the workplace.
Court result:
The defendant pleaded guilty and was fined $32,000. No conviction was recorded.
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Industry: |
Transport and storage |
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Defendant: |
Mainfreight Distribution Pty Ltd (ANZSIC code 6110) |
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Date of offence: |
15 May 2007 |
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Location of offence: |
Coopers Plains |
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Injury: |
Break to lower left leg and multiple fracture injuries to left ankle |
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Offence: |
Grievous bodily harm |
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Court: |
Holland Park Industrial Magistrates Court |
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Magistrate: |
Mrs B L Springer |
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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: |
28 October 2008 |
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Penalty: |
$32,000 |
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Maximum fine available: |
$375,000 |
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Investigation costs: |
$1,044.25 |
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Professional and legal costs: |
Nil |
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Court costs: |
$68.40 |
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In default period to pay: |
Ninety days to pay, in default levy and distress |
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Conviction recorded: |
No |
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CIS No.: |
63475 |
Visit the Workplace Health and Safety website for more information on:
- assessing the risks associated with working with or around forklifts (PDF, 197kB)
- conducting risk assessments (PDF, 143kB)
- developing safe operating procedures.(PDF, 321kB)
