Company and director fined for safety breaches

Company and Director Fined for Safety Breaches After Forklift Incident

A Victorian brick manufacturing company and its director have been fined more than $50,000 after a worker suffered serious injuries in a forklift incident in July 2019. This case highlights the ongoing risk that forklift operations pose to workers when proper controls fail.

The Ballarat Magistrates' Court heard how the worker was crushed between a forklift and a pallet positioned against a wall. He underwent surgery after sustaining musculoskeletal injuries, a stark reminder of why manual handling and mobile plant risk controls matter on every site.

Court Outcomes and Penalties

The company received a fine of $40,000 and was ordered to pay costs of $5,222 after pleading guilty to failing to provide a safe working environment. The director received a separate penalty of $7,500 for failing to take reasonable care, demonstrating how workplace safety failures can result in personal liability alongside corporate fines.

How the Incident Occurred

Court proceedings revealed that the director had been operating the forklift when he reversed and struck a hydraulic ram leaning against the wall. He then drove forward and asked the worker to retrieve the ram he had just hit.

He subsequently reversed the forklift into the man, pinning him against the wall. This sequence of events underscores how quickly a routine task can escalate into a serious risk to health and safety when communication and awareness break down between operators and workers nearby.

WorkSafe Victoria Investigation Findings

An investigation by WorkSafe Victoria found there was no physical barrier separating forklifts from pedestrians in the work area. The director also did not hold a valid forklift licence at the time of the incident, compounding the risk already present on site.

These findings from WorkSafe Victoria reflect a pattern seen across similar prosecutions, including cases such as the inflatable slide company fined for safety breaches and the transport company fined for safety failure, where inadequate segregation and licensing gaps contributed directly to worker harm.

Key Lessons for Employers

This case reinforces several critical obligations for businesses operating mobile plant:

• Physical barriers must separate forklifts from pedestrian walkways wherever practicable.
• Operators must hold valid, current licences before operating powered mobile plant.
• Clear communication protocols should prevent workers from entering danger zones during forklift movements.
• Regular manual handling and site risk assessments help identify hazards before incidents occur.

Businesses managing similar hazards should review our Work Health and Safety Manual (WHSM) and consult our Mobile Plant Working Near-Around Safe Work Method Statement to strengthen existing controls.

For further guidance on managing occupational health obligations, refer to our Occupational Health and Safety Manual (OHSM), which outlines practical frameworks for reducing workplace risk.

Read the full story on the WorkSafe Victoria website.