Bohler Uddeholm (Australia) Pty Ltd

Incident description:

On 1 February 2010 a 47 year old truck driver, delivering cargo to a workplace, sustained fatal injuries when struck by a circular steel bar weighing 1.2 tonnes, measuring 3.9 metres in length and 230 millimetres in diameter. The incident occurred when the steel bar rolled off the tines of the forklift while being unloaded by the defendant's forklift operator.

The court acknowledged Bohler Uddeholm (Australia) Pty Ltd operated the business of purchasing, storing and on-selling steel products.

The court acknowledged the company was not the employer of the truck driver who sustained fatal injuries, but did hold 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 revealed:

• a procedure to ensure pedestrians were excluded from the unloading area was not developed and implemented for the task that the defendant's forklift operator was performing
• forklift operators were allowed to develop their own methods to unload trucks
• there were no procedures requiring loads to be secured when being unloaded by forklift, to prevent cargo falling from tines
• the defendant had a traffic management policy; however, it did not address the risk of people in proximity to forklifts
• the traffic management plan was not conveyed to workers or subcontractors/drivers entering the site
• the driver was not wearing high visibility clothing
• the defendant operated six overhead gantry cranes on site, and used these when products weighed over 2700 kilograms
• the forklift was in a satisfactory mechanical condition.

As a result of the incident, Mr Nye conducted a proper risk assessment, installed safety switches and warning signage and provided additional training and instruction.

Court result:

The defendant pleaded guilty in the Richlands Industrial Magistrates Court on 9 May 2011 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 Errol Wessling ordered the defendant pay a penalty of $100 000 as well as investigation and court costs totalling $3821.

In deciding the penalty imposed, Industrial Magistrate Wessling took into account the defendant had not been prosecuted previously for any other 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 steel retail and wholesale industry where there is exposure to risks from unsecured loads falling off forklifts, 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
• 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 loads falling from forklifts, obligation holders should consider how to lift and shift loads securely (i.e. use of lifting slings, and cranes).

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

• Forklift trucks
• Forklift safety - reducing the risks
• Safety alert - safe forklift operation
• Forklift truck (LF) Registered Training Organisations
• Managing risk
• Retail and wholesale industry
• Health and Safety information for retail and wholesale
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.