$32K fine after worker struck by forklift

Monday, 29 September, 2008

A company was fined $32,000 recently over an incident in which a worker's foot was crushed by a forklift.

Pure Logistics Cold Chain was found guilty and convicted in an ex parte hearing, after failing to appear at the trial.

The incident occurred in January 2006 at the company's cold-room warehouse at Regency Park.

A 35-year-old male driver was waiting to collect paperwork for his delivery at a bench inside the warehouse, when he was struck from behind by a reversing forklift and knocked to the ground.

His left foot was severely crushed, requiring the insertion of surgical plates and screws. He now has a painful permanent disability in his foot and had to leave his job due to his injuries. The victim told the court he was unemployed and felt “very much disabled and discarded”.

On investigation of the workplace, SafeWork SA found that:

  • Not all forklifts had working audible warning devices and flashing lights (including the one involved);
  • No speed limit applied to forklift drivers;
  • There were no physical barriers to protect people from contact with forklifts;
  • The system of traffic control to separate people from forklifts was inadequate;
  • There were no designated walkways, and floor markings were faded; and
  • There was no evidence of hazard identification, risk assessment or risk control measures for the tasks performed.

“It is frustrating to us as workplace safety regulators to have to deal with such haphazard and potentially deadly work practices,” said SafeWork SA's acting executive director, Peter Hampton.

“The law places a clear onus of duty on the employer to ensure safe systems of work and to keep plant and equipment in a safe condition.

“A relatively young man is now paying a heavy personal price for the many failures in this workplace,” Hampton said.

 

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