2/7/09 VIC: An “accident” waiting to happen

A man remains in a permanent vegetative state nearly three years after a 700 kg crate of glass fell on him as it was moved after being unloaded from a truck at Dandenong. Judge Chettle yesterday convicted and fined Asixa Pty Ltd $250,000 after the company pleaded guilty to two workplace health and safety charges laid as a result of the July 2006 incident. He said although safety improvements were made after the incident, they should have made sooner.   The injured man was an employee of a labour hire company but was a deemed employee of Asixa. The injured man was using a forklift to unload the glass from a truck at Asixa’s warehouse which was at the time in Quantum Close Dandenong.   The crate of glass was1.5 meters high, by two meters wide and around 20 centimetres deep. WorkSafe’s Executive Director John Merritt said the shocking and disastrous outcome for the injured man and his family was a warning to everyone that the potential for workplace deaths were not the only issue to be addressed. “Apart from the deaths, every year there are amputations or hands, fingers, arms and legs, people end up in wheelchairs, brain damaged or living with the assistance of machines.   “In terms of the outcome for the individual and their family, this is one of the worst cases that WorkSafe has had to deal with,” Mr Merritt said.   “Forklifts are among the most common, and dangerous pieces of equipment in Victorian workplaces yet serious incidents still occur, frequently to people with inadequate training. “Although 56 people have died as a result of forklift incidents in Victoria since 1985 – one-third involving people hit by falling loads – there are many more where they suffer serious and often permanent, injury.” WorkSafe has a range of publications on safe forklift practices. These can be found online at www.worksafe.vic.gov.au in the publications section. BACKGROUND: The court was told Asixa employed some management and administrative staff and a number of people were also present under an arrangement with a labour hire firm, Black and White Recruitment Solutions Pty Ltd. Black & White also provided occupational health and safety support including OHS audits. The Black & White Recruitment Solutions personnel were ‘deemed employees’ of Asixa. The man who was hurt and driving the forklift did not have a certificate of competency to operate the machine and he had not been given information, instruction or training on the forklift which was introduced to the workplace that day he was hurt. Two other workers helped unload the glass from a truck but the tines of the new forklift would not fit under the crate properly. They managed to lean the crate against the backrest of the forklift tines, and the machine was reversed into the warehouse because the load obscured the operator’s forward vision. At some point the forklift driver got off the machine to adjust the load, and it was then that it fell on him. He was found some time later. WorkSafe inspectors prohibited the movement of glass packs without an appropriate lifting device, and forklift operation without operators holding an appropriate certificate of competency.   Asixa made safety improvements after the event including assessment and training of forklift operators; new risk assessments and induction policies; training for unsecured or problem freight as well as first aid training for a number of employees. WorkSafe Release