WorkSafe Victoria v A Worldwide Pty Ltd (2024),
Arrow Worldwide Pty Ltd (offender) was recently fined over $413,000 after a serious forklift incident left a truck driver with life-altering injuries, including the amputation of both legs.
Initially fined $140,000, the penalty was significantly increased on appeal due to the severity of the breach. The court noted that, but for the plea of guilty, the offender would have been sentenced to pay a fine of $800,000 with conviction.
Although Arrow Worldwide had been in operation for 30 years with no prior convictions and had a positive reputation as a good corporate citizen—regularly donating to charitable organisations and sponsoring various clubs and events—these factors played a subsidiary role in determining the penalty. The court emphasised the importance of setting a penalty that would act as a warning not only to the offender but also to others who might hear of the matter.
WorkSafe attended the workplace following the incident and observed that the offender had failed to demarcate a driver safety zone which ensured that truck drivers were segregated from forklifts during the task of loading vehicles.
By its plea, the offender acknowledged that it failed to provide a safe system of work for the task of loading and unloading vehicles at the workplace which:
- Required there to be no movement of machinery and persons at the same time within the area in which the forklift was used to load/unload;
- Required transport drivers to be located in an area that was free from interaction between equipment, machinery and persons (the driver safety zone) before the task was commenced; and
- Required transport drivers who attended the workplace to be instructed in relation to the loading and unloading exclusion zones, and in particular, the need to remain within the driver safety zone while the activity took place
The incident highlights critical safety failings that could have prevented the accident. Forklifts are essential tools in our industry, but they come with serious risks. Ensuring that clear safety protocols are in place, such as segregating drivers from forklifts, is not just best practice—it’s a matter of life and death.
Let’s take this as a stark reminder of the importance of forklift safety. Review your workplace procedures, make necessary adjustments, and always prioritise safety to avoid devastating consequences.
