In October 2024, Minus 1 Refrigerated Transport Pty Ltd was fined $20,000 without conviction in the Dandenong Magistrates' Court 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.
Following an appeal, the original sentence was set aside and the County Court imposed a conviction and a $50,000 fine on Friday 28 February.
The company was also ordered to pay $4,575 in costs.
In June 2023, the forklift was being used 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's right leg was dragged under the forklift and then run over again when the forklift was driven forward. The worker suffered partial de-gloving to his calf, a fractured ankle and fractured tibia.
WorkSafe's investigation found the driveway area was not a designated loading and unloading zone, however, the practice had occurred there previously.
It was reasonably practicable for Minus 1 Refrigerated Transport 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 heard the company was previously fined $20,000 without conviction over a similar incident, when a truck driver suffered broken ribs and fractured vertebrae after being struck by a reversing forklift in 2022.
WorkSafe Executive Director of Health and Safety Sam Jenkin said there were no excuses for failing to adequately separate forklifts and pedestrians.
"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," Mr 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."
Employers using mobile plant such as forklifts should ensure:
- A traffic management plan is in place for pedestrians and powered mobile plant and that it is reviewed and updated as appropriate.
- Pedestrians are separated from moving machinery and that an effective communication system between operators, transport contractors and ground staff is in place.
- Signage is in place and barriers are erected where appropriate.
- Visibility issues are identified and controlled, particularly if lighting is poor.
- Workers operating equipment have the appropriate high risk work licences, as required.
- Machinery and vehicles and regularly inspected and maintained by a suitably qualified person.
- Employees and health and safety representatives are consulted about health and safety issues.
