An appeal by the Director of Public Prosecutions has seen an increased fine imposed on Minus 1 Refrigerated Transport Pty Ltd - a large Dandenong South transport and storage provider, operating a fleet of approximately 150 vehicles.
In June 2023, a forklift reversed into a yardman dragging their leg under the forklift and then driving forward over the yardman's leg again. The incident resulted in 'complex, extensive left lower limb degloving'. Despite Minus 1 having a traffic management plan (TMP) which denoted a specific load/unload area, the forklift operator was unloading a delivery van parked in the driveway/apron, which was not a designated load/unload area. There were no markings on the TMP defining forklift exclusion zones or pedestrian walkways in the area. It was not the first time the TMP had been breached.
In January 2022 a truck driver had been struck by a moving forklift at Minus 1, resulting in four broken ribs and two fractured vertebrae. The company was charged under s.21(1) and s.21(2)(a) of the Act for failure to develop, implement and enforce a TMP. In September 2023 Minus 1 pleaded guilty to these charges and was fined $20,000.
As the prosecution of the January 2022 incident had not been finalised at the time of the June 2023 incident, it was not alleged as a prior incident. Minus 1 was subsequently charged under s.21(1) and s.21(2)(a) of the Act for their failure to implement a TMP which ensured a three-metre exclusion zone for pedestrians, and their failure to ensure that unloading happened in designated areas as per the TMP. They were sentenced to a fine of $20,000.
On appeal by the Director of Public Prosecutions the County Court set aside the initial orders and sentenced the offender, with conviction, to a fine of $50,000. It was noted that the prior matter is extremely important in determining the gravity of their offending, given that it was clear that at the time of the June 2023 incident that Minus 1 was on notice of the specific risk and the means of reducing or eliminating that risk.
Read more: Forklift incident lands repeat offender $50,000 fine | WorkSafe Victoria
