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FORKLIFT FATALITY
Prosecution Result Summary
Defendant: Food/Beverage Company Industry: Manufacturing and Agriculture Defendant Type: Company (ACN)
Date of Offence: 08/11/2005
Case Study 1
Date of Determination: 14/03/2008 Incident: Forklift Fatality Judge/Magistrate: Judge Pilgrim Jurisdiction: County Court
Incident Summary: On 8 November 2005, an incident occurred at the warehouse premises of a Victorian Food/Beverage Company, involving an employee aged 44. On that date, the employee died when the forklift that he was operating struck a roof support pole, toppled over and crushed him underneath it. The path the employee was taking with the forklift generated a blind spot by the left upright of the mast and this kept one of the roof support poles hidden. The poles were thin and easily hidden in a forklift’s blind spot. An expert engineer engaged by WorkSafe concluded that the metal ring or sleeve at the base of the pole caused the machine to ride up the pole and topple over onto its side. The employee driver of the forklift was not wearing a seatbelt. A WorkSafe investigation revealed that the roof support poles had been struck many times by forklifts. The employees gave evidence of at least two previous occasions when this occurred and markings on many of the poles also made this apparent. One employee stated that, on occasions, her forklift had backed into support poles due to the tightness of the area for manoeuvring. Another employee stated that he had trouble with the post base plates prior to this incident.
Although incident reports were created in respect of these incidents, the Company was unable to produce any documentation recording these previous incidents, or remedial action. A traffic management expert – engaged by the Company at the direction of WorkSafe after the incident – was of the opinion that there was no traffic management plan in place at the time, which was a totally inadequate situation.
Charges
Act & Section [Maximum Penalty]
Count(s)
Outcome
OH&S Act 2004 - s 21(1) & (2)(a) Employer failed to provide & maintain so far as was practicable for employees a safe working environment − plant & systems of work [1800 penalty units: individual; 9000 penalty units: body corporate]. Indictable offence triable summarily.
1
Plea: Guilty
Fine: $200,000.00 Result: Conviction
Photos by Kristian Hetyey
SAFETY FIRST . . . ALWAYS
SAFETY FIRST . . . AL
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