Case underlines need for traffic-management vigilance

Source: OHS Alert (subscription service) (https://www.ohsalert.com.au/) (27.02.2025) 

A serious injury that resulted in a leg amputation could have been avoided if a major retail chain had a clear traffic management plan – covering all types of mobile plant – and ensured its workers understood and adhered to it, a court has found in fining the company $390,000.

The company did have a "safe work procedure" for working with forklifts, high-reach trucks and pallet riders, but this procedure was largely silent on the safe use of pallet riders "in relation to the use of horns, direction of travel, right of way and appropriate speeds and appropriate positioning of body and limbs", NSW District Court Judge Andrew Scotting found.

The case involved a young warehouse storeperson, who was working in an on-hire arrangement through labour-hire company Momentum Consulting Pty Ltd for Saveba Pty Ltd, which owns and operates furniture retailer Coco Republic in Australia.

The worker was injured when the Toyota ride-on pallet mover he was driving collided with another moving pallet rider, and his foot was crushed between the two vehicles.

The injury was so severe his leg was later amputated below the knee.

Saveba was charged with and pleaded guilty to a category-2 breach of the NSW Work Health and Safety Act 2011, and was sentenced by Judge Scotting yesterday.

The Judge heard the worker underwent a minimal induction process when he first attended Saveba's western Sydney warehouse, and was given some induction documents that included a traffic management plan.

However, the traffic management plan "did not provide information or instruction on traffic management in relation to the use of pallet riders, including a right of way for the operation of mobile plant, directions of travel, or which areas particular mobile plant could be operated in", Judge Scotting noted.

He heard the worker received "some ad-hoc instruction in relation to the basic operation of the pallet riders".

The February 2022 incident occurred four months after he began working at the site, when he and the other pallet rider driver approached each other and then swerved in the same direction to attempt to avoid a collision.

At the time, the worker had his foot hanging over the platform of his pallet rider and it was severely crushed between the two vehicles.

Judge Scotting found the risk of injury from coming into contact with mobile plant, such as pallet riders, "was obvious and known" to Saveba.

"The need for appropriate systems, training and supervision was also known, but poorly addressed," he added.

He noted the company introduced a wide range of measures to improve its WHS systems following the incident, including appointing a dedicated WHS manager at the site, and implementing new traffic management systems and ensuring they were adhered to.

The company also leased new pallet riders with additional safety systems, required all workers to complete WHS training modules, introduced new stricter competency requirements for operators, updated and improved its induction process, and established a new company-wide WHS committee that included senior management and was chaired by the CEO.

Judge Scotting accepted that the company's management felt genuine remorse over the incident and noted it had no previous offences.

He found an appropriate fine for the company was $520,000, before reducing this by 25 per cent to $390,000 for its early guilty plea.

SafeWork NSW v Saveba Pty Ltd [2025] NSWDC 31 (26 February 2025)