Sydney car auction company fined more than $250,000 after death of forklift operator

A Sydney car auction company has been fined more than a quarter of a million dollars after a forklift operator was killed while unloading a truck at Milperra, NSW in 2013.
A 36 year old forklift operator and a 19 year old labourer were moving a cabinet from a truck onto a forklift at the company’s motor vehicle storage and auction site, when they both lost control of the load. The incident resulted in the death of the forklift operator and the labourer was left with fractured ribs and an injured knee.
SafeWork NSW charged the company with a breach of the Work Health and Safety Act 2011 for failing to ensure the health and safety of workers.
The company were found guilty by the District Court in June this year and fined $255,000.
Executive Director of SafeWork NSW, Peter Dunphy said the incident highlighted the risks of working with forklifts and need to provide effective supervision and support to young workers.
“Forklifts continue to be a major factor in workplace deaths and injuries,” Mr Dunphy said.
“Between July 2012 and July 2014, 1,360 workers were injured in forklift incidents, including five fatalities.
“The social and economic impact is also significant, including a cost of $15.8 million to the NSW workers compensation scheme.
“Young workers make up approximately 12 per cent of all employment injuries and occupational diseases across the State, and are more vulnerable to workplace safety risks because of their inexperience or reluctance to speak up about safety concerns.
“Our investigation found that a lack of safety systems, instruction and supervision were major contributors to this incident.
“The company failed to train and instruct the workers how to safely remove the cabinet from the truck and did not tell them which forklift could safely carry the cabinet."
“This resulted in the workers selecting the wrong sized forklift with tragic results.”
“This incident highlights the need for employers to have appropriate systems in place to ensure that all workers, particularly young workers, receive sufficient training and support to work safely.”
Failure to manage health and safety can result in serious incidents. So, as well as putting staff wellbeing at risk, businesses can be left exposed to substantial financial penalties, criminal and civil prosecution and loss of reputation.
Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare safe systems of work, safety instructions and all other documentation you require. Call us now 1300 789 132 or email us at enquiries@isosafe.com.au, to learn more about our services for businesses and their owners.

The training and compliance paradigm

Well-trained staff and qualified professionals are essential in making sure the business is safe. Companies that provide health and safety information and training, not only meet their legal responsibilities, but also ensure staff know how to work safely and without risks to themselves or others.

Effective training will contribute towards making your employees competent in health and safety and it can help businesses avoid the distress and costs that accidents and ill-health can cause.

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Non-government disability service providers and the law

Members of the National Disability Services (NDS) have very specific Work Health & Safety (WHS), Environment & Quality reporting requirements. 

As an employer, every non-government disability service provider is legally obliged to exercise a duty of care to protect their workers (including any volunteers and contractors) against potential WHS risks. Risks to disability support workers include:
•    manual handling, such as heavy lifting;
•    slips, trips and falls;
•    bullying and harassment;
•    electrical safety, for example from damaged equipment; and
•    use of chemicals, such as for cleaning and laundry.

ISOsafe can assist non-government disability service providers with WHS Management Systems & training, as well as, the upkeep of benchmarking data,  general policies, and record keeping.

For expert advice on DisabilityCare Australia (National Disability Insurance Scheme (NDIS)), Work Health and Safety Act 2011 (WHS Act), Safety, Rehabilitation and Compensation Act 1988 and anti-discrimination legislation contact ISOsafe today.