Portland Rusty Scrap Metal fined at Warrnambool Court

Portland Rusty Scrap Metal was sentenced in the Warrnambool Magistrates' Court on October 27, 2023 after failing to ensure non-employees were not exposed to health and safety risks.

In January 2022 the customer's right leg was amputated when a forklift rolled on to him at his Heywood property, as a worker tried to unload it from a truck, a WorkSafe Victoria statement said.

The court heard a wheel of the forklift had become stuck as the worker reversed it off the truck ramps.

Initially, the worker and customer placed a sleeper beneath the wheel and took turns holding it in place while the other attempted to drive the forklift back up the ramps.

When this failed, the worker went to the front of the truck to use a winch while the customer went to get a car trolley jack.

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It was unclear whether the forklift handbrake was on or how it rolled backwards onto the customer, severing his right leg at mid-thigh level and damaging nerves in his lower back and left leg.

"WorkSafe's investigation found the recycler had no safe operating procedures for forklifts, no documented risk assessment or hazard identification forms and no traffic management policies or procedures," it said in a statement.

"The court heard it was reasonably practicable for the company to reduce the risk by developing and implementing a traffic management plan that includes eliminating the use of powered mobile plant where possible, providing barricades to separate mobile plant, implementing designated loading and unloading zones and/or using a spotter."

The company, which trades as Portland Scrap Metal Recycling, was also ordered to pay $3028 in costs.

WorkSafe health and safety executive director Narelle Beer said the incredibly traumatic incident, which left a man with life-changing injuries, should have been avoided.

"There's no excuse for not taking appropriate safety measures to reduce the risks to workers and others when working with mobile plant, such as forklifts," Dr Beer said.

The company did not wish to comment.

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