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Mainfreight Distribution Pty Ltd

Summary

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.

Details
Industry:
Transport and storage
Defendant:
Mainfreight Distribution Pty Ltd (ANZSIC code 6110)
Date of offence:
15 May 2007
Location of offence:
Coopers Plains
Injury:
Break to lower left leg and multiple fracture injuries to left ankle
Offence:
Grievous bodily harm
Court:
Holland Park Industrial Magistrates Court
Magistrate:
Mrs B L Springer
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
28 October 2008
Penalty:
$32,000
Maximum fine available:
$375,000
Investigation costs:
$1,044.25
Professional and legal costs:
Nil
Court costs:
$68.40
In default period to pay:
Ninety days to pay, in default levy and distress
Conviction recorded:
No
CIS No.:
63475

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