Linfox held to account for trailer floor collapse

17 March 2010

Major transport company Linfox Australia Pty Ltd was convicted and fined $170,000 yesterday, after a driver suffered serious and preventable injuries when an adjustable mezzanine floor in a truck’s trailer collapsed on him in 2006.

The company was also ordered to pay WorkSafe Victoria costs of $41,270.

WorkSafe Victoria prosecuted Linfox Australia Pty Ltd under the Occupational Health and Safety Act 2004 – despite the company leaving the Victorian workers compensation scheme after the incident took place.

The Melbourne Magistrates Court heard that the incident occurred in Lemnos, near Shepparton, after the driver asked a forklift operator for help lifting an adjustable mezzanine floor in the truck’s trailer into place.

The driver climbed into the trailer and engaged the corner supports for the floor, and the forklift operator started to lift the floor into place. During the lifting process, one of the support posts became detached, causing the rear floor of the trailer to collapse onto the driver.

He was treated in hospital for 12 days for injuries including a broken arm and leg, a fractured shoulder, broken ribs, and a torn knee ligament.

Acting Executive Director for Health and Safety, Stan Krpan, said WorkSafe’s investigation revealed a lack of training, instruction and equipment for drivers and other employees who needed to adjust trailer floors.

“This is a large operator that has nearly 5,000 vehicles across 11 countries – working with adjustable trailer floors will be part of the job for many of their employees.

“The bottom line is that people should not be in a position where they’re working, unprotected, under suspended floor panels.

“We would expect Linfox - and other large companies which have considerable resources - to make safety a high priority at all levels of their operations,” he said.

Linfox Australia Pty Ltd has two prior convictions from WorkSafe Victoria. These relate to health and safety incidents in Victoria only.

Background:

In 2009, the High Court upheld the right of the states and territories to take action on health and safety offences committed by companies before they joined Comcare.

Comcare was originally set up to deal with workplace compensation and safety in Federal government departments and statutory agencies. Companies who have joined Comcare are subject to Commonwealth OHS law. For more information, see:

http://www.worksafe.vic.gov.au/wps/wcm/connect/wsinternet/worksafe/sitetools/news/court+action+to+resume+after+high+court+win+for+worksafe