The original fine imposed on a refrigerated transport and storage company after a worker was seriously injured has more than doubled, following an appeal.
In June 2023, a forklift was being used to unload a van in the driveway of Minus1 Refrigerated Transport Pty Ltd’s Dandenong depot when it reversed into a worker walking in the same direction.
The worker’s right leg was dragged under the forklift and then run over again when the forklift was driven forward. The worker suffered partial de-gloving to his calf, a fractured ankle and fractured tibia.
In October 2024, Minus1 Refrigerated Transport Pty Ltd was fined $20,000 without conviction in the Dandenong Magistrates’ Court after pleading guilty to a single charge of failing to provide or maintain a system of work that was safe and without risks to health.
After Minus1 appealed the fine, the original sentence was set aside. The County Court imposed a conviction and a $50,000 fine on Friday February 28, 2025, for an offence under s21(1) & 21(2)(a) of the Occupational Health and Safety Act 2004 (Vic). The company was also ordered to pay $4575 in costs.
WorkSafe’s investigation found the driveway area was not a designated loading and unloading zone, however, the practice had occurred there previously.
According to WorkSafe, it was reasonably practicable for Minus1 to have implemented a traffic management plan that ensured a three-metre exclusion zone was maintained between pedestrians and mobile plant; and to ensure that vehicle loading and unloading only occurred in designated areas.
The court also heard the company was previously fined $20,000 without conviction over a similar incident, when a truck driver suffered broken ribs and fractured vertebrae after being struck by a reversing forklift in 2022.
Big Rigs contacted Minus1 for comment and was told steps had been taken following the 2024 incident. “Subsequent to the incident, we took a collaborative and cooperative approach with WorkSafe and have sought to take every possible step to minimise risk to staff, customers, and the public going forward,” a Minus1 spokesperson said.
“In its sentencing comments, the Court noted that we are of good character; work diligently on safety in a heavily regulated industry; have an impressive and dedicated OH&S team; and have cooperated with WorkSafe.”
The spokesperson continued, “Over our 35-year history we are very proud of our industry-leading ‘lost time injury frequency rate’ which has been sustained notwithstanding recent substantial operational growth. The safety of our staff, customers and the public is at the forefront of everything we do, within an industry that we recognise carries the potential for serious harm. This regrettable incident has served to reinforce how critical it is that we continue to do all we can to make our workplace safer.”
Minus1 added that the company remains focussed on learning from the incident and continuing to support the staff members and their families who were involved.
Speaking about forklift safety, WorkSafe Executive Director of Health and Safety Sam Jenkin said there were no excuses for failing to adequately separate forklifts and pedestrians.
“Our data shows that on average more than one worker every week is seriously injured in incidents involving forklifts, which is simply unacceptable when the ways to control the risk are easily adopted and relatively low cost,” Jenkin said.
“It is incredibly disappointing that a second person has been injured due to this company’s failure to implement basic safety measures to keep pedestrians out of harm’s way.”
WorkSafe also offered advice for employers using mobile plant such as forklifts. It says they should ensure:
- A traffic management plan is in place for pedestrians and powered mobile plant and that it is reviewed and updated as appropriate.
- Pedestrians are separated from moving machinery and that an effective communication system between operators, transport contractors and ground staff is in place.
- Signage is in place and barriers are erected where appropriate.
- Visibility issues are identified and controlled, particularly if lighting is poor.
- Workers operating equipment have the appropriate high risk work licences, as required.
- Machinery and vehicles and regularly inspected and maintained by a suitably qualified person.
- Employees and health and safety representatives are consulted about health and safety issues.