Tasmanian Freight Services Pty Ltd was convicted and fined $40,000 in the Sunshine Magistrates’ Court on Friday 22 November after earlier pleading guilty to a single charge of failing to maintain a safe workplace.
The company was also ordered to pay costs of $4,037.
In December 2022, WorkSafe issued an improvement notice requiring the company to reduce the risk of forklifts colliding with pedestrians and revise its traffic management plan, after an inspector witnessed multiple safety concerns while responding to an anonymous complaint.
These included a forklift loading pallets onto a truck and pushing them towards workers on the other side of the vehicle, forklifts operating less than a metre from pedestrians, people crossing a yard without walkways near moving forklifts, products stored across a pedestrian walkway, and no clearly marked “no go zones” for forklifts.
The court heard that on subsequent visits in May, July and August 2023, inspectors witnessed multiple further instances of forklifts operating close to pedestrians, including:
- a truck driver rebuking a forklift operator for coming too close to him;
- forklifts driving over walkways while pedestrians were crossing;
- people interacting with forklifts as they walked across the warehouse and driveway area; and
- areas where walkways and line markings had worn away.
It was reasonably practicable for Tasmanian Freight Services to eliminate or reduce the risk by implementing a traffic management plan to ensure that a three metre exclusion zone between pedestrians and powered mobile plant was maintained and/or designated pedestrian walkways and truck driver safety zones were maintained.
WorkSafe Executive Director Health and Safety Sam Jenkin said forklifts and pedestrians did not mix.
“If your business works with forklifts or mobile plant, having an up to date and effective traffic management plan – and actually implementing it – is a non-negotiable,” Mr Jenkin said.
“This year alone, almost 150 Victorian workers have needed time off work after being injured by forklifts so there’s no excuse for not taking the risks seriously.”
Employers using mobile plant such as forklifts should ensure:
- A traffic management plan is in place for pedestrians and powered mobile plant and that it is reviewed and updated as appropriate.
- Pedestrians are separated from moving machinery and that an effective communication system between operators, transport contractors and ground staff is in place.
- Signage is in place and barriers are erected where appropriate.
- Visibility issues are identified and controlled, particularly if lighting is poor.
- Workers operating equipment have the appropriate high risk work licences, as required.
- Machinery and vehicles and regularly inspected and maintained by a suitably qualified person.
- Employees and health and safety representatives are consulted about health and safety issues.
