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Court Summary - at a glance
- Develop, implement, communicate to forklift operators and truck drivers, and monitor compliance with a safe system of work; and
- Enforce compliance with the requirement that truck drivers remain in driver safe zones (whether permanent or temporary) while their trucks were being loaded, until loading was completed
The victim was employed as a truck driver by the Defendant.
On the day of the incident, the Defendant instructed the victim to collect a load of goods from a third party site. The victim parked his truck at the site and stood beside it while loading took place. Whilst the loading was taking place the victim walked towards the rear of his truck to signal the driver waiting in line to come forward.
The victim then started walking back towards the front of his truck. A forklift driver who had been loading the truck failed to see the victim and reversed into him, pinning his leg and foot to the ground.
The victim was freed by other workers and taken to hospital where he remained for six days. He sustained seven fractures to his left foot and required just under three months off work.