Australia | $1 million safety spend after forklift traffic failure

May 6, 2025

WorkSafe Victoria | A major construction company will spend more than a million dollars to improve health and safety outcomes after an unloading incident left a young man with life-threatening injuries.

Dromana Magistrates’ Court heard J Hutchinson Builders Pty Ltd, trading as Hutchinson Builders, had entered into an enforceable undertaking while facing a single charge of failing to ensure a workplace under its management and control was safe and without risks to health.

WorkSafe may reinstate the charges if the undertaking is contravened or withdrawn.

In August 2022, a truck driver employed by another company was delivering three large electrical switchboards to a Hutchinson construction site at Rosebud Plaza, assisted by his 21-year-old son.

As the driver’s son stood on the truck’s tray removing straps, a forklift struck the unsecured load, causing him and a switchboard to fall 1.6 metres to the ground.

The court heard the 770-kilogramme switchboard landed on his head and torso, causing life threatening crush injuries including skull, facial, and multiple other fractures, brain damage, and facial nerve palsy. He was airlifted to hospital in a critical condition and has since partially recovered, with ongoing physical and emotional impacts.

WorkSafe alleges it was reasonably practicable for Hutchinson to reduce the risk of crush injuries during deliveries by:

  • Keeping the loading area gate closed and requiring delivery drivers to report to site management before entering.
  • Directing delivery drivers where to park.
  • Having marked pedestrian exclusion and driver safety zones.
  • Identifying the delivery area through signs and barricading it during loading or unloading.
  • Directing delivery drivers to stay in the dedicated safety zone during loading or unloading.
  • Directing forklift operators to ensure pedestrians are clear of the area during loading or unloading.

The estimated $1,040,000 undertaking requires the company to:

  • Develop and promote a range of safety materials, outlining learnings from the incident.
  • Develop and deliver a safety culture programme for managers on the skills required to identify, effectively communicate and manage safety risks.
  • Participate in RMIT’s Safety and Health Innovation Network initiative providing health, safety, and wellbeing research for construction organisations.
  • Donate $100,000 to Beyond Blue’s New Access for Small Business Owners mental health coaching programme for Victorian small businesses.

— Accurate at time of publication | April 2025

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