Carter & Spencer Group Pty Ltd

Incident description:

On 26 February 2010 a 19 year old worker sustained a fracture to the right ankle when struck by a forklift operated by another worker.

Carter & Spencer Group Pty Ltd operated a business of storage and distribution of fresh food products.

The investigation findings presented to the court revealed:

• the defendant carried out its day to day business using forklifts and electric pallet jacks to transport bulk stock, and to 'pick' various customer orders
• the defendant had existing systems for traffic management of moving plant, though this was informal and did not include the establishment of an exclusion zone around the operating plant
• prior to the incident, the defendant had been aware that its existing systems required modification and had commenced this process
• the defendant conducted a formal risk assessment of work activities surrounding the moving plant and developed a timeline for implementing this formalised system
• the incident occurred during the 'implementation period'.

The court also heard:

• the Plant Code of Practice 2005 specifically dealt with the hazards presented from operating plant (paragraph 5.8)
• the defendant had operated since 1999 and adequate systems for managing the hazard of operating plant could have been in place.
• this was not a case where an obligation holder had no systems or had sat on its hands. Prior to the incident the defendant had undertaken a formal risk assessment process and had decided on appropriate systems for traffic management and was in the process of implementing these systems which consisted of:
  • one way traffic flow for operating plant
  • entry/no entry signage within the warehouse aisles
  • an instruction manual
  • plant training for plant operators
  • a formal system of supervision and monitoring for the new procedure
• post-incident, the defendant hastened the planned implementation process.

Court result:

The defendant company pleaded guilty in the Holland Park Industrial Magistrates Court on 16 September 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 Mr Colin Strofield fined the defendant $30 000 as well as ordering investigation and court costs totalling $1763.70.

In deciding the penalty imposed, Industrial Magistrate Strofield took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation, provided assistance to the worker, had implemented post incident measures to address the hazards from the interaction of moving plant, had entered an early plea of guilty and was otherwise a good corporate citizen.

Considerations for prevention:

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

When deciding and implementing control measures associated with the risk of workers being struck by forklifts (plant), obligation holders should ensure moving plant is operated in separate areas to those where pedestrians are present.

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

• retail and wholesale
• forklift trucks
• plant, machinery and equipment
• 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.