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Court Summary - at a glance
- Have effective and documented systems to safely store different types and sizes of timber products with employees being trained in where and how such items should be stored and were to be stored;
- Ensure appropriate independent checks were undertaken on a regular basis to ensure that timber was racked securely and not being left in a position where they were liable to fall to the ground or to be moved unexpectedly;
- Enforce an exclusion zone near to and alongside the racking system particularly when forklift operations were being undertaken; and
- Develop and implement an effective system to control access and ensure the safety of pedestrian traffic in the timber yard.
Members of the public have direct access to the Defendant’s timber yard. On the day of the incident, a forklift operator was removing a packet of timber from a cantilever racking. The timber packet caught the end of a packet of weatherboards on an adjacent rack which was knocked off and struck a pedestrian.
The victim suffered a traverse process fracture of the L1 vertebrae.