$35K FINE FOR DE BORTOLI WINES CRUSHED LEG

Following a serious incident at their Dixons Creek site, De Bortoli Wines Pty Ltd has been fined $35,000, without conviction. The winery business operates across Victoria and NSW, with over 500 employees across many sites.

In February 2024 a young employee in his first two weeks at the winery was cleaning up grape waste in the grape receiving area when he was injured by a forklift which reversed into him and crushed his leg.

The grape receiving area at the Dixon Creek site operates 24 hours a day during the grape harvest season, with many heavy vehicles and forklifts operating up to six days a week. Despite the well-known risks involved in busy sites with many moving vehicles, De Bortoli Wines had no Traffic Management Plan (TMP) in place in the incident area. There were no warning signs, no marked designated pedestrian walkways, no marked loading/unloading zones, no designated driver waiting area and no designated speed limit signage.

The Inspector attending the site in response to the incident issued an Improvement notice addressing the risk of powered mobile plant colliding with pedestrians.

During the investigation it was identified that the company had prior knowledge of the risk and had previously developed a TMP in 2012. However, the 2012 plan was not sufficient with respect to the area where the incident occurred, the measures specified in the plan had not been implemented, the plan had not been revised since 2012, and the plan did not form part of employee inductions or training.

Mobile equipment and vehicle interactions with pedestrians are a well-known workplace hazard with potentially catastrophic consequences. The development and implementation of a robust TMP is essential to ensure the safety of all employees in those areas where trucks and forklifts are operating. WorkSafe provides employers with clear advice and resources to develop a TMP.

In failing to adequately assess the risks and implement controls De Bortoli Wines breached their duty to provide a safe working environment, and a young employee was seriously injured as a result.

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

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