RCR Laser Pty Ltd

Incident description:

On 8 August 2008 a 33 year old worker sustained serious injuries when a forklift, operated by a co-worker, ran over his right foot.

The court acknowledged that RCR Laser Pty Ltd carried on the business of laser cutting services, was an employer within the meaning of the Workplace Health and Safety Act 1995 and the worker involved in the incident was a worker within the meaning of this Act.

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:

• Whilst conducting stocktake, a worker sustained a broken lower right leg when struck by a forklift driven in reverse by another worker.
• The forklift operator was appropriately licensed.
• No defects were identified with the forklift.
• The defendant did not have an effective system in place to manage the interaction of moving plant in the vicinity of pedestrian workers.
• The defendant had not conducted any formal risk assessment for moving plant being operated in the vicinity of pedestrian workers.

Court result:

The defendant pleaded guilty in the Holland Park Industrial Magistrates Court on 1 April 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.

Industrial Magistrate Mr Trevor Arnold fined the defendant $38 000 and ordered investigation, professional and court costs totaling $1569.25.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to ensure the health and safety of its employees.

In deciding the penalty imposed Industrial Magistrate Arnold took into account the defendant had not been prosecuted previously for any workplace health and safety breach, had entered an early plea and had cooperated with the investigation authority when ordering no conviction be recorded.

Considerations for prevention:

When working in the manufacturing and warehousing 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 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 with the risk of mobile plant, obligation holders should consider:

• using fencing, barriers, barricades, temporary warning or control signs, or a combination of these to secure the area
• planning the direction that plant moves, so the operator's visibility is not restricted
• implementing safe working distances
• identifying designated delivery and turning areas.

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

• health and safety information for manufacturing 
• manufacturing industry 
• forklifts 
• training staff and using control measures to manage risks associated with workplace hazards
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007 
• Workplace Health and Safety Act 1995.