Toll Networks (NZ) Limited was sentenced after a worker was crushed to death by falling pallets that were being moved from a train wagon by forklift in September 2016. The victim was standing beside the forklift and as the driver reversed the pallets it was carrying fell and struck the worker who died at the scene.

Our investigation found that Toll had not identified the risk of a pedestrian being hit by freight falling from forklift tines and that its pedestrian safety system relied on administrative controls that were ambiguous and contradictory.

WorkSafe Deputy General Manager, Investigations and Specialist Services, Simon Humphries said that pedestrians and moving plant need to be segregated to avoid tragic fatalities like this.

“This was a much loved father and grandfather whose death would not have occurred if Toll had effective controls in place. Administrative controls like rules and procedures are simply not enough, pedestrians need to be segregated from forklift activity.”

Humphries said that WorkSafe respected that this was a workplace that was constantly changing with many moving vehicles, plant and personnel, but more needed to be done to keep workers safe.

“Fixed barriers to separate people from moving plant don’t work in every workplace, but a temporary barrier and warning signage would have kept the victim outside of the dangerous area and alive.”

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