$1 million safety spend after forklift traffic failure

On Thursday 17 April, the Dromana Magistrates’ Court heard J Hutchinson Builders Pty Ltd, trading as Hutchinson Builders, had entered into an enforceable undertaking while facing a single charge of failing to ensure a workplace under its management and control was safe and without risks to health.

WorkSafe may reinstate the charges if the undertaking is contravened or withdrawn.

In August 2022, a truck driver employed by another company was delivering three large electrical switchboards to a Hutchinson construction site at Rosebud Plaza, assisted by his 21-year-old son.

As the driver’s son stood on the truck’s tray removing straps, a forklift struck the unsecured load, causing him and a switchboard to fall 1.6 metres to the ground.

The court heard the 770 kilogram switchboard landed on his head and torso, causing life threatening crush injuries including skull, facial and multiple other fractures, brain damage and facial nerve palsy. He was airlifted to hospital in a critical condition and has since partially recovered, with ongoing physical and emotional impacts.

WorkSafe alleges it was reasonably practicable for Hutchinson to reduce the risk of crush injuries during deliveries by:

• keeping the loading area gate closed and requiring delivery drivers to report to site management before entering;
• directing delivery drivers where to park;
• having marked pedestrian exclusion and driver safety zones;
• identifying the delivery area through signs and barricading it during loading or unloading;
• directing delivery drivers to stay in the dedicated safety zone during loading or unloading; and
• directing forklift operators to ensure pedestrians are clear of the area during loading or unloading.

The estimated $1,040,000 undertaking requires the company to:

• Develop and promote a range of safety materials, outlining learnings from the incident. 
• Develop and deliver a safety culture program for managers on the skills required to identify, effectively communicate and manage safety risks.
• Participate in RMIT’s Safety and Health Innovation Network initiative providing health, safety, and wellbeing research for construction organisations.
• Donate $100,000 to Beyond Blue’s New Access for Small Business Owners mental health coaching program for Victorian small businesses.

WorkSafe Executive Director of Health and Safety Sam Jenkin said it was crucial to address the risks associated with unloading and loading by controlling potential interactions between vehicles, mobile plant and pedestrians.

“Forklifts should never operate in spaces that pedestrians can access without strict safety procedures in place, that includes making sure that anyone who enters the workplace understands and adheres to these processes,” Mr Jenkin said.

“In this case, following an appropriate traffic management plan would have prevented the horrific set of circumstances that led to a young man suffering such shocking and traumatic injuries.”

Employers using or working around trucks should ensure: 

• A traffic management plan is in place for pedestrians and mobile plant and that it is reviewed and updated as appropriate.
• An effective communication system between operators, transport contractors and ground staff is in place.
• Machinery and vehicles are regularly inspected and maintained by a suitably qualified person.
• Visibility issues are identified and controlled, particularly if lighting is poor.
• Workers operating loading and unloading equipment have the appropriate high risk work licences, as required.
• Signage is in place and barriers are erected where appropriate.
• Drivers are aware of the proximity of power lines.