Repeat forklift offender has fine more than doubled

Minus 1 Refrigerated Transport Pty Ltd was fined $20,000 without conviction in the Dandenong Magistrates’ Court in October 2024, after pleading guilty to a single charge of failing to provide or maintain a system of work that was safe and without risks to health. The original sentence was set aside following an appeal, and the County Court imposed a conviction and a $50,000 fine on 28 February, the company also being ordered to pay $4575 in costs.

The forklift was being used in June 2023 to unload a van in the driveway of the company’s Dandenong South workplace, when it reversed into a worker walking in the same direction. The worker suffered a fractured ankle, fractured tibia and partial de-gloving to his calf, after his right leg was dragged under the forklift and then run over again when the forklift was driven forward.

An investigation by WorkSafe Victoria found the driveway area was not a designated loading and unloading zone; however, the practice had occurred there previously. It was reasonably practicable for the company to have implemented a traffic management plan that ensured a three-metre exclusion zone was maintained between pedestrians and mobile plant, and to ensure that vehicle loading and unloading only occurred in designated areas.

The court also heard that the company was previously fined $20,000 without conviction over a similar incident, in 2022, when a truck driver suffered broken ribs and fractured vertebrae after being struck by a reversing forklift.

There are no excuses for failing to adequately separate forklifts and pedestrians, WorkSafe Victoria Executive Director of Health and Safety Sam Jenkin said.

“Our data shows that on average more than one worker every week is seriously injured in incidents involving forklifts, which is simply unacceptable when the ways to control the risk are easily adopted and relatively low cost,” Jenkin said. “It is incredibly disappointing that a second person has been injured due to this company’s failure to implement basic safety measures to keep pedestrians out of harm’s way.”

For mobile plant such as forklifts, employers should ensure that a traffic management plan is in place for pedestrians and powered mobile plant; that it is reviewed and updated as appropriate; and that pedestrians are separated from moving machinery — with an effective communication system between operators, transport contractors and ground staff in place.

Signage should also be in place and barriers erected where appropriate, with visibility issues identified and controlled — particularly if lighting is poor.

Additionally, employers need to ensure that workers operating equipment have the appropriate high risk work licences, as required; that machinery and vehicles are regularly inspected and maintained by a suitably qualified person; and that employees and health and safety representatives are consulted about health and safety issues.

Image credit: iStock.com/mirror-images. Stock image used is for illustrative purposes only.