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Game Meat Processing Pty Ltd

Summary

Incident description:

On 29 April 2009 a 27 year old worker sustained serious crush injuries to his left foot after being struck by a forklift.

The court acknowledged Game Meat Processing Pty Ltd employed the injured worker as a casual dock hand.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.

The investigation findings presented to the court revealed:

  • The worker injured in the incident was:
    • operating a powered pallet jack
    • taking a pallet load from a chiller room to a load out dock
    • was facing forwards, pulling the pallet jack behind him.
  • A co-worker was reversing a forklift on the load out dock when the rear of the forklift collided with the worker that was pulling the pallet jack, pinning his left leg under the forklift and sustaining crush injuries to the left foot. 
  • The defendant had an induction in place, plus oral instructions regarding the safe operation of pallets and forklifts. 
  • The items of plant involved had warning safety devices when in operation, including audible horns and flashing warning lights.
  • The horn on the powered pallet jack was not used at the time of the incident.
  • The forklift driver’s freezer jacket may have impaired his vision.
  • A documented safe work procedures nor a traffic management plan were in place prescribing pedestrian use in the area where the incident occurred.


Court result:

The defendant pleaded guilty in the Ipswich Industrial Magistrates Court on 22 February 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 Ms Donna McCallum fined the defendant $40 000 as well as investigation, professional and court costs totaling $2117.23.

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

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When working in the manufacturing industry where there is exposure to risks from mobile plant, obligation holders should apply a risk management approach to ensure the selection of suitable control measures. 

Risk management involves identifying the hazards, 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 and monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing control measures associated injury from mobile plant, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. Obligation holders should ensure that a risk assessment has been completed and evaluated in the mobile plant area of operation.

Control measure to be considered when operating mobile plant may include:

  • ensuring operators are licensed and competent in specified plant operation
  • implementing a traffic management plan
  • developing efficient and safe traffic route
  • setting and enforcing speed limits
  • reducing frequency of interaction with hazard (e.g. alter pedestrian access and exit, install bollards or barriers)
  • ensuring clear traffic line markings and signage (e.g. speed limits)
  • enforcing the wearing and use of personal protective equipment (PPE) for operators and pedestrians (e.g. steel cap boots, anti glare safety glasses or sunglasses).
  • installing efficient warning/vision tools (e.g. audible reversing alarm, flashing operating and reversing lights, spotlights, turning/hazard indicators and rear view mirrors)
  • appointing a marshaller if vision of operator is obstructed
  • regularly maintaining mobile plant and ensuring plant is serviceable when operating    
  • securing all loads that are unstable prior to moving
  • ensuring ground surfaces are level and safe to traverse.

Once control measure are in place, obligation holders must ensure the provision of information, instruction and training of accepted safe work practices and risks associated with mobile plant to all plant operators and workers working in and around the area of operation.

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

Details
   
Industry:
Manufacturing
ANZSIC code:
 2111
Defendant:
Game Meat Processing Pty Ltd
Defendant ACN:
115 499 333
Date of offence:
29 April 2009
Location of offence:
Wulkuraka
Injury:
Crush injuries to left foot
Circumstance of aggravation:
Grievous bodily harm
Court:
Ipswich Industrial Magistrates Court
Magistrate:
Ms Donna McCallum
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
22 February 2010
Penalty:
$40 000
Maximum fine available:
$375 000
Investigation costs:
$1296.23
Professional and legal costs:
$750
Court costs:
$71.00
In default period to pay:
Six months to pay, in default levy and distress
Conviction recorded:
No
CIS event no.:
93960