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For the latest update on OHS News and information from across Australia.

OHS News - February 2012

Postal company fined after worker lost leg from forklift accident

10:14 pm, Wednesday 7 December, 2011

A postal company has been fined after a contractor lost his right leg when he was run over by a forklift at work at the Toowoomba Mail Centre in July 2008.

The victim was three days shy of his 73rd birthday when the accident happened. Surgeons weren’t able to save his lower right leg leading to its amputation. He spent more than a month at the hospital.

The Federal Court heard that the postal company admitted to breaching the Occupational Health and Safety Act when they failed to properly control pedestrian traffic in the loading dock. They also failed to provide sufficient training to contractors. NEWS.com.au reports that the company was fined $160,000 and was ordered to pay $80,000 in legal costs.

Justice John Logan said that he acknowledge that the postal company has made efforts to improve its safety strategies, but also said that any penalty should reflect the need for deterrence.

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NSW: WorkCover Visits Paper Mill After Fatal Forklift Incident

06:52 pm, Tuesday 10 August, 2010

WorkCover NSW is looking into a fatal forklift accident at a south coast paper mill.

A 69-year-old plumbing contractor died after being hit by a moving forklift in the Bomaderry site on July 23.

The plumber was reportedly walking down a road when he was struck from behind by the forklift.

The forklift was allegedly carrying bags of pulp, which may have blocked the driver’s view.

WorkCover inspectors had gone to the work site and issued a notice mandating the company to change its system of work on moving paper bales with forklifts.

John Watson, WorkCover’s Occupational Health and Safety Division general manager, said the incident is a reminder to have adequate precautions in place when working with and around forklifts.

“Forklifts and other mobile plant that are being driven through the walkways always have the potential to put workers and others at risk,” said Mr Watson.

“Effective traffic management procedures must be in place where forklifts are in operation including zones to separate pedestrians and forklifts during loading and unloading.

“Incidents involving forklifts are avoidable and constant attention must be paid when working with and around these machines.

“Extreme care must also be taken when pedestrians and other workers are around, including travelling at a safe speed and ensuring that the operator has a clear view of the direction that they are travelling at all times.”

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SA: Firm fined after man trips over forklift

08:08 pm, Sunday 30 May, 2010

The South Australian Industrial Relations Court has fined a work method statement in place that keeps people separate from transport machinery.

The company was convicted after pleading guilty to violating section 23 of the Occupational Health, Safety and Welfare Act 1986. It was fined $24,000 by the Court.

The law provides that a business must ensure the means of access to and exit from the workplace are safe.

In August 2007, a 56-year-old delivery driver tripped over a forklift’s tines. The man sustained head injuries as a result.

The court was told the man’s condition had worsened after the accident that he was unable to work anymore.

The court also heard the forklift was on its way out of a cold-room’s curtained doorway. In the course of SafeWork SA’s investigation, it was revealed that forklifts and pedestrians were required to use this common doorway at the worksite.

Industrial Magistrate Stephen Lieschke said the setup created “an unnecessary risk of collision… (which) existed on a daily basis.”

SafeWork SA says the incident is a reminder that there are hazards when people are not separated from working machinery.

“People have been killed and injured at workplaces where such systems have either failed or were non-existent,” Acting Executive Director, Juanita Lovatt said.

“A traffic control system, rigorously and consistently enforced, is a must at all workplaces where machines such as forklifts are operating in close proximity to pedestrians.”

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WA: Forklift Joyride Leads to Fine

05:33 pm, Saturday 3 April, 2010

The Armadale Magistrates Court has fined an employee on Monday over an unauthorized use of a forklift and injuries suffered by a workplace visitor.

The worker – an archivist for analytical services company to the mining industry – pleaded guilty to failing to take reasonable care to ensure the safety of another person and failing to report an injury. She was fined $5,000 and ordered to pay $2,000 costs.

In April 2007, two men visited the archivist in her workplace. One of the men stayed in the carpark while the other went with her inside the Maddington premises.

Once inside, the employee took her visitor for a joyride on the forklift. When she turned the machine to the left, the side of the forklift struck a stack of boxes. The visitor, who was riding next to the forklift’s seat, was pinned between it and some racking.

The other visitor took the injured man to the hospital. He sustained a broken collarbone and shoulder blade, fractured ribs and a punctured lung.

The court heard the archivist did not have a license to operate the company forklift and had been expressly forbidden by her employer to operate the forklift, which displayed a warning that only licensed operators could use it.

The archivist did not report the incident to her employer, and the employer only became aware of the incident when the injured man’s mother informed the company a few days after the incident.

WorkSafe WA Commissioner Nina Lyhne said the case serves as a reminder that employers do not have the sole responsibility for the safety and health of workers.

“Workplace safety and health legislation here in WA requires that employees take reasonable care to avoid adversely affecting the safety or health of themselves and any other person in the workplace,” she said.

“This case is a timely reminder that employers are not the only ones who need to participate in ensuring a safe and healthy workplace.

“The worker was not licensed to operate the forklift and the employer had warned her not to operate it, but she made the decision to take it for a joyride. Unfortunately there were serious consequences, both to her finances and the health of her visitor.

“The injury to the man was not reported to the employer, so another lesson to be learned from this case is that incidents must be reported to the employer, who may then be obliged to notify WorkSafe of the injury.

“This unfortunate incident has caused suffering to both parties, and it is worth repeating that everyone in a workplace has some level of responsibility for keeping the workplace safe.”

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TAS: Worker Asserts Firm’s Accountability over Forklift Fall

08:08 am, Wednesday 31 March, 2010

A working at height.

The Hobart firm pleaded not guilty to failing to keep an employee safe from injury.

The 30-year-old worker alleged that he had worked for the transport company at Mornington for a month when he was asked to work on the roof to repair leaks at the worksite.

The man gave evidence that he was in a cage attached to a forklift when it fell four metres onto the ground.

He told the court he suffered significant injuries and is still confined to a motorised wheelchair.

According to the worker, he was told by the company’s managing director and manager to use the cage.

However, the forklift driver challenged his colleague’s assertion, telling the court that it was the injured worker’s idea.

The hearing before the Court is still underway.

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WA: Forklift Incident Costs Freight Firm $10K

05:21 pm, Monday 22 March, 2010

The Midland Magistrates Court has fined an international freight company on Friday for a forklift incident in its Forrestfield site.

The court heard that in 2007, the company’s forklift struck a visitor’s car in the company’s property.

The company pleaded guilty on March 11 to failing to ensure a person’s safety. It was fined $10,000 for the infraction.

On January 12 2007, a man, a woman and two children went to the Forrestfield freight site to collect an item that had been freighted in by the company.

Under the firm’s worksite procedure, staff members should escort clients collecting goods to the proper location. The company would normally advise mobile plant operators of client arrivals through mobile radio.

However, at the time of the incident, a power failure had occurred and the radio was not working. The plant operators in the yard could not be advised through radio that clients were arriving.

The four people drove across the yard unescorted. As one of the four was getting out of the car, a container forklift under load struck the car.

It was later found that the forklift operator did not see the vehicle, since his visibility was reduced.

WorkSafe WA Commissioner Nina Lyhne said it was fortunate that no one sustained serious injuries from the incident.

“However, the potential for serious harm and the risk of a collision when pedestrians and visitors enter a site used mainly by large mobile plan is obvious,” she said.

Ms Lyhne noted the company’s processes did not address situations where there was a risk due to power failure.

“It is clear that alternate measures should have been put in place. Having safe systems of work is one of the basic and most obvious means of minimising the risk of injury to workers or anybody else on site.

“All employers need to be aware of the need to ensure that workplaces are safe.”

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