The failure to have an effective traffic management system in place to control the risks of pedestrians being struck by forklifts was the focus of a recent Queensland prosecution (WorkSafe Queensland v Drake Trailers Pty Ltd), which resulted in a penalty of $75,000 and a conviction recorded.

A vehicle parts manufacturer frequently used forklifts at its workplace to move and retrieve products from pallet racks. At the same time, pedestrian workers would often pick up products from the racks. Although the manufacturer had a walkway along the edge of the pallet area, there were no barriers, warning signs or other visible line markings to separate and protect pedestrians from moving plant.

On 8 June 2022, a worker sustained a fracture when a reversing forklift ran over his foot.

The manufacturer was charged with a breach of the Work Health and Safety Act 2011 for failing to put in place an effect

ive traffic management system. The Court heard that simple control measures, which were implemented after the incident, could have prevented the risk of injury from occurring, including bollards, exclusion zones and training in the system of work for that area of the workplace 

In sentencing the manufacturer, the Court noted the importance of undertaking a risk assessment of a workplace where these risks exist.

In this case, the manufacturer had previously been charged for a similar incident but had still failed to implement appropriate control measures to protect against the risk. 

As a result, in addition to the fine, the Court exercised its discretion to record a conviction.