On 15 January 2025, the Geelong Magistrates' Court heard Bowen & Pomeroy Pty Ltd had entered into an enforceable undertaking while facing three charges of failing to provide a safe workplace.
WorkSafe may reinstate the charges if the undertaking is contravened or withdrawn.
In April 2022, a worker at Timbertruss Geelong, a division of Bowen & Pomeroy, was attempting to empty a large dumpster using a forklift with a rotating tyne attachment, which was not capable of doing the task.
Another worker told him the dumpster was not normally emptied in that way, but tried to help. When the dumpster began to slip off the tynes, a second forklift was brought in alongside to assist. While attempting to lift the dumpster again, the forklift with the rotating attachment tipped to one side and landed on the nearby parked forklift. The driver was wearing a seatbelt and was uninjured.
WorkSafe alleges it was reasonably practicable for Bowen & Pomeroy to provide a safe system of work, necessary instruction and training and adequate supervision regarding the use of the forklift with the rotating tyne attachment.
The estimated $275,824 undertaking requires the company to:
- Upgrade its fleet of forklifts to include some with pedestrian sensing systems and technology to regulate access to forklifts via personal codes and lock-out systems. The company will host a demonstration session to local businesses on the technology and publish an article in an industry magazine.
- Develop educational material about overhead powerlines and the importance of no-go zones for the frame and truss industry, including a video to be shared with the industry association and presented at industry safety sessions and an innovation expo.
- Deliver presentations to Chisholm TAFE students undertaking a Certificate III in Mobile Plant Technology about the circumstances of the incident, practical approaches to developing and maintaining safe work methods and how Bowen & Pomeroy improved its systems and forklift technology after the incident.
- Partner with Deakin University's ManuFutures program and the Institute for Intelligent Systems Research and Innovations to conduct a feasibility study on the use of a technology-based system that can prevent nail gun injuries.
- Donate $10,000 to the Australian Institute of Health & Safety Body of Knowledge program, which provides a free online resource on current OHS practice and research.
WorkSafe Executive Director of Health and Safety Sam Jenkin said the incident could have had disastrous consequences.
"Using the right tool for the job at hand is essential in any workplace, including when it comes to forklift attachments, and no worker should be left without the safe systems of work, training and supervision in place to do their jobs safely," Mr Jenkin said.
"My hope now is that these planned upgrades and education initiatives will go a long way to improving safety in this workplace and the wider industry."
