$28K FINE FOR CRUSH INJURY LEADING TO TWO BROKEN LEGS

A subcontractor at CIMC Vehicle Australia Pty Ltd had to undergo surgery to insert rods into both of his broken legs after a preventable injury involving a TrailerCaddy and a truck trailer.

CIMC Vehicle Australia is part of the CIMC Vehicle Group, the world's largest manufacturer of trailers and special vehicles. CIMC designs and manufactures road transportation vehicles and related equipment out of their warehouse in Cranbourne West. They engaged a subcontractor to build truck trailers.

In January 2024, a subcontractor was using an electric trolley known as a TrailerCaddy to move a truck trailer through the workplace. He was pulling the truck trailer into its designated position inside the workplace, whilst walking backwards. When he realized he was about to back into another trailer, he attempted to stop the TrailerCaddy but could not stop in time and the TrailerCaddy ran into him, hitting his legs. His legs were crushed between the TrailerCaddy and the truck trailer, resulting in both of his legs being broken. After having steel rods inserted in both legs his recovery is ongoing.

WorkSafe’s enquiries revealed that CIMC had in place a Standard Operating Procedure (SOP) for the TrailerCaddy which was affixed to the plant. The SOP identified potential hazards as being “Injury caused by mobile equipment - Crushing Injury - Being hit by a moving object - Damage to property.” The SOP required that a spotter be used to provide signal for clear access when reversing into the factory but did not require the use of a spotter when reversing within the factory.

CCTV footage confirmed that the likelihood of an incident occurring was high, even if this had never occurred prior to the incident, given how often the TrailerCaddy was used at the workplace in the same way.

The subcontractor had received some training about the TrailerCaddy in 2021 when he first began working at CIMC. That training, however, had not been updated or kept current, and he didn’t recall the specifics of it.

CIMC was charged for failing to maintain a safe working environment for its employees (and subcontractors), by failing to control the risk of serious crushing injuries arising from items of plant colliding with its operators at the workplace. It was reasonably practicable for CIMC to have eliminated or reduced the risk by adopting a system of work that included -

  • Specification as to when spotters were required
  • Specification as to when workers were not to walk backwards when operating the plant
  • Inclusion of line and zone marking on the floor at the workplace, to guide plant operators
  • Requirement that employees were adequately trained and tested in their competency when operating the plant.

CIMC was sentenced to pay a fine of $28,000, without conviction. After having steel rods inserted in both legs, the subcontractor’s recovery is ongoing.

Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria

Share Tweet

RELATED

PIPE LAYER ELECTROCUTION HIGHLIGHTS NO-GO-ZONE DANGERS
In March 2024 an employee of AAD Civil Constructions Pty was seriously injured when the pole he used for measuring the depth of a hole conducted electricity from nearby overhead powerlines and...
Read More
UPDATED INCIDENT NOTIFICATION GUIDANCE
WorkSafe has updated the Incident Notification guidance and related resources. The guidance explains how occupational health and safety (OHS) laws apply to serious workplace incidents. It has been updated to align with...
Read More
AGGRESSION AND VIOLENCE HARMS WORKERS – DON’T CROSS THE LINE
WorkSafe reminds the Victorian community to consider the impact that verbal abuse, such as yelling or swearing, may have on the many workers who face this hazard in their everyday work lives....
Read More