D'Orsogna Limited was sentenced in the Melbourne County Court today after earlier pleading guilty to a single charge of failing to provide a safe working environment.
In April 2023, a team leader was unloading pallets with a jack when a forklift reversed in an arc from across the warehouse's dispatch chiller area and struck her, pinning her legs to the ground.
The worker was taken to hospital with serious injuries including a complex, comminuted foot fracture.
WorkSafe investigators visiting the site found there were no physical barriers, bollards or marked walkways separating pedestrians in the dispatch chiller area from where powered mobile plant operated.
The court heard there was no traffic management plan in place and that the work system relied on forklift drivers and pedestrians making eye contact and ad hoc communication to establish who would give way.
It was reasonably practicable for D'Orsogna to design, implement and regularly review a traffic management plan; and to use control measures including barriers, clearly marked walkways and driver safety zones in areas where pedestrians and forklifts could interact.
The company also admitted it failed to provide instruction and training to all workers on safe use and interaction with mobile plant and, to forklift operators, the importance of conducting head checks before reversing.
WorkSafe Acting Chief Health and Safety Officer Barb Hill said the use of mobile plant was a well-known safety hazard, with 145 people injured by forklifts at work this year alone.
"Relying on workers making eye contact to avoid collisions between pedestrians and forklifts is an appalling approach to safety on a well-known risk," she said.
"There's no excuse for taking a cavalier approach to safety - any business using mobile plant must have a thorough, up-to-date traffic management plan and appropriate safety controls, such as designated walkways and barriers."
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.
