South Pacific Marine (Australia) Pty Ltd

Incident description:

On 26 October 2010, a truck driver was unloading steel at the defendant's workplace when the load moved unexpectedly, fracturing both of the driver's ankles.

The defendant, South Pacific Marine (Australia) Pty Ltd, held obligations under the Workplace Health and Safety Act 1995, and failed to uphold that obligation when another person was exposed to risks to health and safety as a result of the conduct of the defendant's business.

The facts presented to the court revealed the defendant:

• operated a business involving steel fabrication and work activity included the unloading of steel from a semi-trailer at the workplace
• employed approximately 30 people, and had control over other people who carried out work at the workplace (including the injured person)
• received steel from the injured person's employer, often on a daily basis.

At approximately 8:00 am the injured person drove a semi-trailer vehicle to the defendant's workplace to deliver a load of steel plate. The plate was loaded at his employer's workplace and inspected by the injured person prior to transit.

The steel was loaded on the trailer in two tiers. The bottom tier was rectangular hollow section (RHS) structural steel and was evenly spread. The top tier comprised of four bundles, one being square hollow section and the other three bundles were RHS. These were stacked vertically, not on their flat face.

On arrival, the injured person was directed by the defendant's yard supervisor to the rear of the loading yard. The yard supervisor then examined the load and decided to use a forklift to remove it. He instructed another of the defendant's employees to unload some bundles of steel using the forklift.

The yard supervisor and the injured person climbed onto the top of the trailer to assist. Due to the position of the forklift and load, the forklift driver was unable to see where the tynes of the forklift were to be positioned. He manoeuvred the tynes under the centre of the load at the direction of the yard supervisor. While raising the tynes at the direction of the yard supervisor, he heard a crashing sound then loud yelling.

The tynes of the forklift contacted some of the bundles of steel beams, causing them to topple and cause a domino effect towards the edge of the trailer, striking the person's legs.

The injured person was trapped by his legs upside down over the side of the trailer. The forklift was used to lift the load off his legs.

The person had previously delivered loads of steel to the defendant but had not undergone induction for that site, or been told he was not to stand on his trailer while it was unloaded. He had not received training from his employer in relation to the unloading of his truck at customer's premises.

The defendant had developed procedures for unloading trucks, but these were conveyed verbally to its workers and no formal or documented training had been provided. The job safety analysis at the time of the incident stated ‘no unloading to take place where persons are on the tray or trailer.' The defendant used either a forklift or a crane to unload.

As a result of the incident, the defendant implemented a formal training process and documented work procedures for the activity of unloading trucks and dissemination of that information to workers.

Court result:

The defendant pleaded guilty in the Caboolture Industrial Magistrates Court on 27 October 2011 to breaching s.24 of the Workplace Health and Safety Act 1995, and no conviction was recorded.

Industrial Magistrate Mr Peter Hasted fined the defendant $40 000 and ordered investigation and court costs totalling $1765.40.

Considerations for prevention:

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

Whenever forklifts are used to transport objects or things, obligation holders need to consider the security of loads, adequate training processes, documented work procedures and the application of exclusion zones.

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

• forklift trucks
• forklift safety
• employer training options
  • training staff and using control measures to manage risks associated with workplace hazards
• managing risk
• Plant Code of Practice 2005
• How to Manage Work Health and Safety Risks Code of Practice 2011
• Work Health and Safety Act 2011.