OHS Prosecutions

Spotlight Cops $150,000 Fine 

Spotlight has been fined a massive amount after a driver was struck with his own truck from behind, knocking him to the ground and the truck running over his left leg. Shockingly, after someone else noticed something was wrong, the truck reversed and ran over his leg a second time.

The driver sustained a dislocated left knee, skin and flesh removal from his left left as well as a crushed foot which resulted in amputation of his fourth toe, as well as a broken left ankle.

The truck driver, who was self employed and worked separately from the Spotlight, followed the regular unloading and loading procedure,  but the company failed to follow it's own safe unloading procedure after a Mobicon operator moved the mans truck forward before he could get into the cabin. 

Following the incident, the offender implemented a number of changes:

  • Designated loading and unloading zones marked out where vehicles and freight containers are loaded and unloaded;
  • Hazard zones marked out where mobile plant will be operating during loading and unloading and establishing these as pedestrian exclusion zones during such activities;
  • Marked driver safety zones so vehicle drivers can observe the loading and unloading of their vehicle;
  • Re-marking the pedestrian path;
  • Decommissioning of the Mobicon so that it was no longer used at the workplace;
  • A security officer was employed to be at the entry point to the vehicle loading and unloading area who controls the entry of vehicles and directs vehicle drivers; and
  • Communicating the traffic management plan to various companies undertaking such activities for the offender.

The company pleaded guilty, but has had 2 prior OHS incidents, so they were fined $150,000 plus costs of $4,217.

Full details can be found here: www.worksafe.vic.gov.au/prosecution-result-summaries-enforceable-undertakings

Turrisi Enterprises fined $17,500 after truck driver taken to hospital

In yet another truck related prosecution, Turrisi enterprises has been fined after a driver sustained crash injuries when his hand was caught between the "Maxi 8" pack and the truck as the truck was being unloaded. The truck driver was taken to hospital, but returned to light duties 2 weeks later.

The company was fined as it was revealed they did not have a good system of work around unloading, as well as a lacklustre traffic management place that failed to ensure safety of the drivers.

It was found that it would have been reasonably practicable for the company to:

  • A designated driver safety zone; and
  • Conducted a site induction of drivers, contractors and delivery personnel including instruction that they must remain in the driver safety zone when the forklift was loading and unloading.

The business had been operating for 40 years with no prior convictions, which could have led to a reduction in the eventual sentencing.

The business pleaded guilty, and has been ordered to pay $17,5000 plus costs of just over $6,000.

Full details, and news on convictions as it comes, can be found here: www.worksafe.vic.gov.au/prosecution-result-summaries-enforceable-undertakings
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