Transport company, Tamex Transport Services Pty Ltd has been fined $220,000 after a truck driver suffered head and back injuries in an incident at their Beresfield depot in 2014.

The incident occurred on 28 February 2014 while the driver of a semi-trailer who was delivering freight to the depot was assisting with the unloading of his truck.

The truck driver was standing at the rear nearside of the semi-trailer undoing a load restraint strap within two metres of a forklift when he was struck in the head by a freight cage door that fell as it was being removed from the mezzanine level of the trailer by the forklift.

The truck driver suffered serious and permanent head and back injuries in the incident.

SafeWork NSW charged Tamex Transport Services Pty Ltd with a breach of sections 32/19(1) of the Work Health and Safety Act 2011 (NSW).

SafeWork alleged that Tamex failed to ensure, so far as is reasonably practicable, the health and safety of workers, in particular the truck driver, by failing to take measures to eliminate or minimise the risk to workers.

Tamex Transport Services Pty Ltd was found guilty in the NSW District Court and fined $220,000.

Executive Director of SafeWork NSW, Peter Dunphy said the incident could have been prevented if the business had implemented and enforced a traffic management plan in relation to the loading and unloading of trucks by forklifts.

"Forklifts are a high risk mobile plant and incidents often result in serious injuries," Mr Dunphy said.

“Between July 2012 and July 2014, 1,360 workers were injured, including five fatalities, at a cost of $15.8 million to the NSW workers compensation scheme.

"Under work health and safety laws, businesses must have traffic management plans to reduce the risk of forklift incidents.

"In this incident Tamex Transport failed to implement and enforce a traffic management plan and provide appropriate training to workers.

"They also failed to implement and enforce a system for securing cage doors while being transported, loaded or unloaded from trucks; and failed to conduct adequate and regular inspections to verify that safe procedures were being followed."

"Tragically a truck driver has suffered permanent injuries in an incident that could have been prevented.”

For further information on forklift safety go to or call 13 10 50.

Back to top