On Thursday 25 September, the Sunshine Magistrates' Court heard National Masonry Pty Ltd had entered into an enforceable undertaking while facing four charges of failing to ensure a workplace under its control was safe and without risks to health.
WorkSafe may reinstate the charges if the undertaking is contravened or withdrawn.
In August 2023, a worker was using a forklift to load products onto a truck at the company's factory and storage yard in Deer Park when the truck moved forward without warning and caught the tynes of the forklift, causing it to tip onto its side.
The worker's left hand was trapped by the forklift's frame rails and partially amputated by the impact with the ground. He has since regained some movement following re-attachment surgery but is not expected to make a full recovery.
An investigation revealed a number of near-misses had occurred at the workplace in the lead-up to the incident, with several instances of unidentified pedestrians almost coming into contact with vehicles moving in the yard.
WorkSafe alleged National Masonry failed to ensure the workplace was safe by failing to reduce the risk of powered mobile plant overturning or colliding with other powered mobile plant and pedestrians.
It is also alleged the company failed to control these risks by implementing exclusion zones around forklifts engaged in the loading of product onto delivery trucks and training forklift operators and truck drivers in their use, and ensuring pedestrians used the workplace's dedicated walkways.
The estimated $295,000 undertaking requires the company to:
- Engage an engineering designer to research and develop prototypes for a mast detection system and payload monitoring system that can be retrofitted to forklifts to help reduce and prevent forklift incidents;
- Provide analysis for the testing of the prototypes in a variety of scenarios and operating conditions, as well as evidence for training provided to workers;
- Fund production of an educational video series to be provided to industry associations, which explains the gaps identified in existing forklift safety systems, the safety learnings from the project and testing phases, as well as the existence of the prototype safety systems; and
- Donate $15,000 to the Australian Institute of Health & Safety's 'Body of Knowledge' program.
WorkSafe Chief Health and Safety Officer Sam Jenkin said employers were responsible for ensuring staff had adequate training to understand the risks of mobile plant, such as forklifts and delivery vehicles.
"In 2024-25, forklifts were a factor in almost 160 workplace injuries, and yet there are many cost effective safety systems that can be implemented to reduce or eliminate the risk of these incidents," Mr Jenkin said.
"This case is an example of how safe systems and adequate training can make a significant difference, and we're confident the improvements to come out of this terrible incident will help prevent further harm at this workplace and others in the industry."
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 are regularly inspected and maintained by a suitably qualified person.
- Employees and health and safety representatives are consulted about health and safety issues.
