$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

GOVERNMENT RESPONSE TO SENTENCING ADVISORY COUNCIL RECOMMENDATIONS
The Victorian Government has finally released its official response to the recommendations of the State Sentencing Advisory Council's (SAC's) review of the sentencing of OHS offences. The Sentencing Advisory Council delivered the...
Read More
MISSED WARNING SIGNS LEAD TO BURNS FOR CHILD AND $140K FINE FOR QUESTACON
An Australian Government department has been fined $140,000 after a nine-year-old child suffered second-degree burns when their hands caught fire while interacting with a plasma globe at Canberra’s Questacon science and technology...
Read More
GUILLOTINE AMPUTATION RESULTS IN $150K LESSON FOR DEPT OF EDUCATION
The Department of Education has been fined $150,000 after a 15-year-old student suffered the amputation of three fingertips while using an unguarded guillotine during a jewellery design class.
Read More