On 23 March 2021, a manufacturing company was convicted and sentenced in the Gympie Magistrates Court for a Category 2 offence for failing to comply with its primary work health and safety obligation held pursuant to section 19(1) of the Work Health and Safety Act 2011 (‘WHS Act’). Magistrate Graham Hillan imposed a fine of $35,000 and no conviction was recorded.

The defendant conducted a business which included the manufacture of parts and components used in wooden doors and employed approximately 12 workers. There were two sheds at the defendant’s workplace, which were separated by a large area of bitumen. Forklifts were regularly used throughout the workplace.

On 8 March 2019, a licensed forklift operator, employed by the defendant, was operating a forklift on an outdoor bitumen area near a shed. The forklift operator commenced reversing the forklift and was unaware another worker was positioned behind the forklift. The reversing forklift collided with the worker and ran over his legs, trapping him beneath the forklift. The worker sustained leg fractures, and soft tissue and ligamentous injuries to his right hand.

The WHSQ investigation revealed the horn on the forklift was not functioning and its reversing beeper and strobe warning light had been working intermittently for a period of approximately three to four weeks prior to the incident. It could not be determined whether the reversing beeper and strobe light were functioning immediately prior to the incident. Additionally, there was no delineation in the outdoor bitumen area indicating where forklifts and pedestrians could travel. Prior to the incident, the defendant had prepared a document entitled “Standard Work Method – Forklift” which identified the hazard associated with forklifts coming into contact with pedestrians and outlined a general procedure for use of forklifts at the workplace. Workers had previously been shown that document, although they could not recall the procedure.

In sentencing the defendant, his Honour had regard to the relevant sentencing principles in the Penalties and Sentences Act 1992, in particular the need for general deterrence. His Honour identified the need for personal deterrence to ensure future compliance, although acknowledged the defendant company had since sold the business.

His Honour took into account the defendant’s timely guilty plea, demonstrated remorse and willingness to facilitate the course of justice. Regard was also had to the defendant company’s post-incident improvements, including that it closed its workplace for several days following the incident to conduct remedial work.

His Honour determined not to record a conviction, having regard to the defendant’s lack of previous convictions.

OWHSP contact: enquiries@owhsp.qld.gov.au