Dindas Australia Pty Ltd enforceable undertaking

Background:

A worker was injured when a forklift driver reversed over him.  The driver had unloaded timber from a truck and reversed for 40 metres, over a pedestrian walkway.

Workplace Health and Safety Queensland alleged that Dindas Australia Pty Ltd (Dindas) had breached sections 19 and 33 of the Work Health and Safety Act 2011 and regulation 214 of the Work Health and Safety Regulations 2011.

Following the incident, Dindas undertook a number of improvements at a cost of $22,500 to prevent further incidents including; engaging an external WHS consultant to review its traffic management practices, conduct risk assessments and develop a traffic management plan, making improvements to the pedestrian pathway and retrofitting all forklifts with rear vision mirrors.

Outcome:

As one of the first employers to do so in Queensland, Dindas entered into an enforceable undertaking in lieu of prosecution to spend a further $98,725 on improvements in lieu of prosecution and to donate $10,000 to the Red Cross to deliver first aid training.