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Sydney-based Zammit Ham & Bacon Curers has pleaded guilty to breaching a guideline in the Work Health and Safety Act following an incident injuring a forklift operator. The meat production company was convicted and fined $75,000.

The incident happened in September 2017 at Zammit Ham & Bacon Curers’ worksite in Pendle Hill. The employee was driving a forklift holding a pallet of processed meat, which he placed onto the surface of the loading dock. While reversing and preparing to the forklift, the right wheel fell off the edge of the loading dock and onto the concrete ramp.

The forklift toppled over and “as the worker was not wearing the fitted seatbelt, he was dislodged from the seat and became trapped between the ramp’s surface and the forklift”. 

Under section 19(1) of the Work Health and Safety Act 2011, the defendant had a duty to ensure the health and safety of its workers and was charged with a failure to comply with this duty. The lack of physical barrier to prevent the forklift going over the edge was identified as the primary reason for the incident, as well as a “lack of adequate training and supervision”.

“The defendant had a number of work health and safety policies involving discussions and toolbox talks, so it should have been able to eliminate or control the risks associated with the operation of forklifts near an unprotected edge at the site,” said the Valerie Griswold, executive director of Investigations and Enforcement.

“While the forklifts were fitted with seatbelts, and personal protective equipment was issued to the workers, the defendant had no documented procedures, policies or traffic plans in place regarding the safe operation of forklifts.” 

“The defendant failed to provide adequate information or instruction to workers in regard to safe operation of the forklift, and also failed to properly supervise the drivers to ensure they were operating the forklifts safely.”

Zammit Ham & Bacon Curers Pty Ltd has the right to appeal the sentence. 

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