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David Steer (VWA) v Blue Lion Moving and Storage Pty Ltd (ACN 118169636)

Blue Lion Moving and Storage Pty Ltd are a medium sized removalist company. They employ approximately 30 people. On 28 February 2012 employees were attempting to remove a 2 tonne safe from the back of a truck. The safe had been lifted onto the tynes of a forklift when it became unbalanced and fell over still in the truck. An employee had been in the truck with the safe and received extensive crush injuries as a result. The employee died in hospital of a cerebral oedema ten days later.

Blue Lion Moving and Storage pleaded guilty to two counts of breaching the Occupational Health & Safety Act 2004, section 21(1)&(2)(a) and section 21(1)& (2)(e) on the basis that they had failed to conduct an adequate risk assessment of the task , failed to have an adequate traffic management system to control the risk of mobile plant colliding with pedestrians and failing to provide adequate supervision to employees working near operating mobile plant.

The company pleaded guilty at the Melbourne Magistrates’ Court and on 3 April 2014 was convicted and fined $125 000.

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