A Melbourne man has pled guilty to a charge of “failing, as an employee, to take reasonable care for the health and safety of persons who might be affected by his acts or omissions in the workplace”, following the death of a man who was crushed by a forklift.

The charge related to an accident which happened in October 2021 when the man used a forklift to move a loaded steel rack on an uneven surface when the unbalanced load tipped onto a second employee acting as a spotter for the forklift driver.

The driver had obtained a high-risk work license 17 months earlier and had completed a workplace safety induction less than 12 months before the accident.

Still in Geelong, timber and hardware supplier Timbertruss Geelong has committed to spending more than AUD275,000 upgrading its forklift fleet’s safety features and improving workplace safety following a “forklift fail”.

WorkSafe Victoria reports Bowen & Pomeroy, the parent company of Timbertruss, entered into an enforceable undertaking for the changes while facing three charges of failing to provide a safe workplace.

The charges stem from an April 2022 incident when an employee of Timbertruss attempted to empty a large dumpster using a forklift with a rotating tyne attachment, which was not capable of doing the task.

“Another worker told him the dumpster was not normally emptied in that way, but tried to help,” WorkSafe Victoria states. “When the dumpster began to slip off the tynes, a second forklift was brought in alongside to assist. 

“While attempting to lift the dumpster again, the forklift with the rotating attachment tipped to one side and landed on the nearby parked forklift. The driver was wearing a seatbelt and was uninjured.”

WorkSafe alleges it was “reasonably practicable for Bowen & Pomeroy to provide a safe system of work, necessary instruction and training and adequate supervision regarding the use of the forklift with the rotating tyne attachment”.

Under the enforceable undertaking, the company has agreed to introduce pedestrian sensing systems and technology to regulate access to forklifts via personal codes and lock-out systems and will donate $10,000 to the Australian Institute of Health & Safety Body of Knowledge program.

It will also develop educational material about overhead powerlines and the importance of no-go zones for the frame and truss industry, including a video to be shared with the industry association and presented at industry safety sessions and an innovation expo.

Further undertakings include delivering presentations to TAFE students undertaking a Certificate III in Mobile Plant Technology about the circumstances of the incident, practical approaches to developing and maintaining safe work methods and how Bowen & Pomeroy improved its systems and forklift technology after the incident.

WorkSafe executive director of health and safety Sam Jenkin says the forklift incident could have “had disastrous consequences”.

"Using the right tool for the job at hand is essential in any workplace, including when it comes to forklift attachments, and no worker should be left without the safe systems of work, training and supervision in place to do their jobs safely," Jenkin adds.

"My hope now is that these planned upgrades and education initiatives will go a long way to improving safety in this workplace and the wider industry."