The Case

WorkSafe Victoria v Access Covers Australia Pty Ltd (2023)

Access Covers Australia Pty Ltd (Access Covers) manufactures access covers, concrete pits and steel gates. In performing this work, the business uses a number of forklifts, including a multidirectional forklift.

On 13 July 2021, an employee was operating the multidirectional forklift to unload items from a truck. The forklift had a buzzer that activated when reversing, but did not have a buzzer to warn when the forklift was moving in other directions. The forklift was travelling sideways, at a speed beyond walking pace, when it struck an employee. As a result, the employee suffered serious injuries to their foot, which had to be amputated. The speed of the forklift was found to be the ultimate cause of the incident.