A Victorian court has heard Hutchinson Builders has entered into an enforceable undertaking to spend more than AUD1 million on improving safety, following an August 2022 accident involving a forklift.

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

If the enforceable undertaken is contravened or withdrawn, WorkSafe Victoria may reinstate the charges.

The accident happened when a truck driver was delivering three large electrical switchboards to a Hutchinson construction site. The driver’s 21-year-old son was assisting with the delivery and, as he stood on the truck’s trays removing straps, a forklift struck the unsecured load, causing him and a switchboard to fall 1.6m to the ground.

“The court heard the 770kg 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,” WorkSafe Victoria states. “He was airlifted to hospital in a critical condition and has since partially recovered, with ongoing physical and emotional impacts.”

WorkSafe Victoria alleges it was “reasonably practicable” for Hutchinson to reduce the risk of crush injuring during deliveries by, among other actions, directing drivers where to park, marking pedestrian exclusion and driver safety zones, and identifying the delivery zone through signs and barricades during loading and unloading.

Under the estimated AUD1,040,000 undertaking, Hutchinson must 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 and, donate AUD100,000 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, says: “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”.

“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,” Jenkin adds.