Beresford Concrete Products Pty Ltd

Incident description:

On 19 June 2009 a 24 year old worker sustained injuries when the rear tyres of the forklift he was driving raised up in the air causing the load to slip off the tines. He was thrown from the cab, fracturing his ankle.

The court found Beresford Concrete Products Pty Ltd held obligations under s.28 of the Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.

The investigation findings presented to the court alleged the worker was operating a Hyster 16 tonne forklift with no controls implemented to manage the risk of workers being injured in the event loads fell from forklift tines.

Investigation findings presented to the court revealed:

• the defendant directed that only licensed operators operated the forklifts
• the worker had advised the defendant he held a forklift license, but did not
• the company did not have a safety chain attached to the lifting beam
• the beam was not secured to the mast of the forklift.

Court result:

The defendant pleaded guilty in the Beenleigh Industrial Magistrates Court on 5 November 2010 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations, and was sentenced with no conviction recorded.

Industrial Magistrate Mr James McDougall fined the defendant $45 000 and ordered investigation and court costs totalling $2661.70.

In reaching a decision the industrial magistrate acknowledged the defendant failed to ensure the health and safety of its worker. He noted it was not a case that the worker was injured because he did not have a certificate to operate the forklift, but that the employer was allowing an unsafe method to move the concrete product. The load was not secured to the forklift.

In deciding penalty, Industrial Magistrate McDougall took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation and entered an early plea of guilty.

Considerations for prevention:

When working in the concrete product manufacturing industry where there is exposure to risks from loads sliding or moving on forklifts, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves:

• evaluating the consequences and likelihood of harm that may result from the hazard
• deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard
• monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing control measures associated with the risk of a load slipping or falling from forklift tines, obligation holders should ensure that loads are secured, carried, lowered, and set down in compliance with the manufacturer’s recommendations and company procedures. Guidance may also be sought in the Plant Code of Practice 2005.

Visit the Workplace Health and Safety Queensland website for more information on:

• Manufacturing
• Health and safety information for manufacturing
• Forklift trucks
• Safety alert – Safe forklift operation
• Managing risk
• Employer training options
• Training staff
• Plant Code of Practice 2005 
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.