The major provider of flavourings to Australia’s food and confectionary industry has been ordered to donate $10,000 to the Dandenong Benevolent Society after being prosecuted by WorkSafe. 

Dandenong Magistrate Steven Raleigh did not convict International Flavours & Fragrances (Australia) but placed it on a 12-month good behaviour bond. Court costs of $2700 were also awarded against it.

The company pleaded guilty to failing to implement the requirements of two Improvement Notices issued in relation to forklift safety matters in 2005.

Improvement Notices are a formal direction to improve an identified hazard within an agreed period.

Both matters involved risks to pedestrians being hit by forklifts or their loads.

International Flavours & Fragrances (Australia) of 310 Frankston Dandenong Road, Dandenong manufactures food flavours and employs approximately 130 people.

WorkSafe told Magistrate Raleigh a WorkSafe inspector went to the company’s manufacturing facility in July 2005 and saw that there were no adequate measures, such as bollards, to prevent pedestrians being hit by forklifts.

An Improvement Notice was issued, but when the inspector returned several months later, he saw that forklifts were again operating near pedestrians resulting in another notice.

Although there is a capacity to challenge or amend Improvement Notices, neither option was pursued by the company.

The company had been given guidance material on forklift safety by WorkSafe in August 2004. 

WorkSafe  has a zero-tolerance policy on forklift safety.

Executive Director, John Merritt, said forklifts were among the dangerous equipment in Victorian workplaces accounting for deaths and many serious injuries each year.

“Fifty–five deaths involving forklifts have been reported to WorkSafe since 1985. Of these nearly 30 involved pedestrians who were hit by the machines or the loads which fell.”

“Physically separating work areas and pedestrian walkways from where forklifts operate is essential.”

“Many places still only have lines on the ground to show where forklifts and pedestrians should be, but they’re only part of the solution, as are reflective vests.

“To places with rudimentary arrangements in place for forklifts, we’d say that relying on good luck or the skill of a forklift driver to stop in time to avoid a collision is not the basis of good safety practice.”

“Equally, you can’t hope that pedestrians will not walk somewhere they should go.”

“Although safety responsibilities are shared, the employer has the primary duty as they control the workplace.”