Fabcon Pty Ltd has pleaded guilty to a charge under s.21(1) of the OHS Act for failing to reduce or eliminate mobile equipment risks, following an incident that resulted in their employee sustaining crush injuries including a fractured pelvis, cracked rib and bruising.
Fabcon is a Dandenong construction company specialising in gas and water mains replacements. In August 2022 their two employees were using a forklift to help manoeuvre a Hino truck and trailer in a tight spot on a driveway near a roller door.
During the process a door hinge became dislodged, and the driver stopped the forklift and exited to inspect the situation – he did not apply the handbrake as he was aware that the handbrake was not working at the time.
The other employee stepped forward to pick up the hinge, stepping between the forklift and the trailer. The forklift rolled towards him crushing his against one of the trailer ramps.
WorkSafe’s investigation found that the forklift was in poor condition with several significant faults, including an ineffective parking system. Fabcon also did not have a Traffic Management Plan (TMP) in place, and the driver did not hold a forklift licence.
The use of a documented TMP that separated forklifts and pedestrians through exclusion zones, and utilised spotters or physical barriers could have prevented this incident. See our Forklift Safety page for more information on staying safe around forklifts.
Employers can find guidance in WorkSafe’s publication Guidebook: Forklift Safety.
Dandenong Magistrates’ Court has imposed a $15,000 fine on Fabcon.
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