In a new case that highlights a buyer’s responsibility for safety in their supply chain and not just on site, a transport and logistics company has been fined $140,000 following an incident that resulted in life-changing injuries.
A 64-year-old truck driver was struck on the head and had both legs crushed by a 1.5 tonne pack of steel beams at an Arrow Worldwide warehouse in West Melbourne.
The company was sentenced in the Melbourne Magistrates’ Court last month after pleading guilty to a single charge of failing to ensure that persons other than employees were not exposed to health and safety risks.
Aside from the hefty fine, the company was also ordered to pay costs totalling $6,936 despite a prior good record, emphasising the seriousness of the incident.
The court heard that a pack of 12 metre long steel beams fell from a flatbed semi-trailer after being incorrectly loaded by a forklift truck in May 2021, striking the truck’s driver who was standing in the fall shadow.
The beams hit the truck driver’s head, which resulted in a traumatic brain injury, and also crushed both of his legs which led to a double amputation. He underwent multiple surgeries during his stay in hospital and was placed in a medically induced coma for a week.
Highlighting a number of failings on the companies behalf, a WorkSafe investigation found it was reasonably practicable for Arrow Worldwide to:
- Provide and maintain a system of work that separated pedestrians from moving machinery (Review LUEZ requirements under Safe Work)
- Require transport drivers to remain in a marked safety zone
- Require transport drivers to be inducted into the workplace before work began
- Provide instructions to transport drivers on the system of work
WorkSafe Executive Director Health and Safety Narelle Beer said employers had a duty to ensure their actions did not put the health and safety of others in their workplace at risk.
“We know that pedestrians and mobile plant don’t mix and safety or exclusion zones along with workplace inductions for anyone visiting the site are a crucial part of ensuring safety during loading and unloading work,” Beer said.
“Tragically, in this case a worker has suffered horrific, life-changing injuries that could and should have been prevented.”
Larry Phillips, services director at CoR Australia – Australia’s leading chain of responsibility training and support provider – says he has lately witnessed an increase in requirements through enforceable undertakings while the regulator appears to be moving from observation to training to penalty.
“Having a review of your organisation’s systems can improve your safety structure and help introduce a safety culture which is what is required.
“What is needed are robust systems that add to your safety, and this includes the safety systems of your partners as they need to add to your safety when you choose to partner with them, as this is your influence and control,” Phillips said.
