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Court Summary - at a glance
- Ensuring that there were documented procedures in place for the operation of forklifts including:
- Ensuring the separation of people from operating forklifts;
- Ensuring that forklift operators do not allow anyone under the tines; and
- Ensuring that there were documented procedures in place for the removal of headboards from trailer units.
The victim was employed by the Defendant as a truck driver. On the day of the incident, the victim was preparing to transport a container on his truck and trailer unit. To do so, he needed to remove the headboard from the front of the trailer. He requested assistance from a colleague who was operating a forklift nearby. The forklift operator slid a strop from the headboard onto the forklift’s left tine and lifted the headboard. The headboard was not evenly secured on the forks and it began to rotate. The victim moved between the tines of the forklift and attempted to stabilise the headboard. There was a mechanical fault and the tines suddenly dropped. The victim was hit in the face and knocked to the ground.
The victim suffered serious concussion, a jawbone fracture and seven broken facial bones requiring three titanium plates to be inserted.