Serious Consequences For Businesses In Deadly WHS Accident

Two company directors in Brisbane have been fined $3 million and sentenced to 10 months imprisonment following the death of a worker in a forklift accident.

The worker was pinned between a truck he was loading and a forklift that was being reversed by an unlicensed, inexperienced forklift driver.

In presenting his findings the judge stated, ​“A lesser penalty would not adequately punish (the company) or adequately deter others.” The judge continued, ​“The defendants had no safety system in place, in particular there was no traffic management plan.”

Key failures of the company directors included:

• The issuing of verbal (rather than written) safety instructions.
• Failure to prevent an unlicensed worker from operating the forklift.
• An inadequate safety management system.
• Failure to develop and implement a suitable traffic management plan.
• Failure to separate pedestrians from mobile plant.
• Failure to adequately supervise workers.

Although the director’s prison sentences have been suspended, the fines remain in place with the company being forced to shut down.

Do not become complacent. Manage your risk with the help of the South Australian Business Chamber’s risk management consulting.

Safeguard your team by contacting the South Australian Business Chamber to develop a comprehensive WHS management system. 

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