How an anonymous call from a worker regarding safety concerns led to substantial penalties!
In December 2022, WorkSafe Victoria received an anonymous phone call in relation to a transport and logistics company called Tasmanian Freight Services Pty Ltd. The anonymous caller notified WorkSafe of a forklift unloading a trailer in the loading zone of the workplace - this had the potential to cause a significant accident. Whilst a Worksafe Inspector identified no issues at that moment, he went back to the workplace and consequently issued an Improvement Notice after observing that its traffic management plan was not being followed which had multiple safety risks.
WorkSafe inspectors revisited the site in May, July, and August 2023 and documented ongoing breaches, and consequently the company was charged with a breach of section 26(1) of the Occupational Health and Safety Act 2004 (Vic) for its failure to eliminate or reduce the risk of serious injury or death to persons working in the vicinity of forklifts. The Court recorded a conviction and ordered the company to pay a fine of $40,000 and to pay costs of $4,037.
This could have been prevented by following the required safety measures for businesses using forklifts and mobile plant which include:
Implement and regularly update a traffic management plan to separate pedestrians and machinery;
Maintain clear communication between operators, transport contractors, and ground staff;
Use signage and barriers where necessary;
Address visibility issues, especially in poorly lit areas;
Ensure operators hold appropriate high-risk work licences;
Regularly inspect and maintain machinery and vehicles;
Consult employees and health and safety representatives about workplace safety concerns.