In an appeal gone wrong, a company that was originally fined $140,000 by the Magistrate’s Court in Victoria, had the fine increased to $413,050 after appealing the original fine.

In WorkSafe Victoria v A Worldwide Pty Ltd (2024), A Worldwide Pty Ltd, which provides warehousing, storage and transport services to importers and exporters, was prosecuted after its employee delivery driver was seriously injured. The driver was injured when a forklift knocked steel beams onto him, ultimately resulting in the amputation of both his legs and a serious brain injury. The company had failed to demarcate a driver safety zone to ensure that truck drivers were segregated from forklifts during the task of loading vehicles.

In imposing the $140,000 fine on the company at first instance, the Court noted that the company failed to have a system that:

• required there to be no movement of machinery and persons at the same time within the area the forklift was used to load/unload;
• required transport drivers to be located in an area that was free from interaction between equipment, machinery and persons (driver safety zone) before the task was commenced; and
• required transport drivers who attended the workplace to be instructed in relation to the loading and unloading exclusion zones, and in particular, the need to remain within the driver safety zone while the activity took place.

The company was on notice of the requirement to have demarcation zones following a visit from WorkSafe Victoria several years before the incident.

On appeal, the County Court set aside the orders of the Magistrates' Court and sentenced the company to a fine of $413,050, without conviction. The County Court noted the objective seriousness of the offence was high and stated that, but for the plea of guilty, the company would have been sentenced to pay a fine of $800,000 with conviction.