Forklift collision plants winery in court

A Victorian winery was fined $35,000 earlier this month after a forklift collision crushed a worker’s leg.

De Bortoli Wines Pty Ltd is a winery business employing more than 500 people across several sites in regional New South Wales and Victoria, including a winery at Dixons Creek (the workplace).

On the date of the incident in February 2024, the injured worker was cleaning a wheelbarrow containing grape waste by transferring it into a drainage pad in the grape receiving area. He was crouched down when doing so. At the same time, a forklift being used to load an empty grape pallet onto a delivery truck reversed and collided with his leg, causing crushing injuries.

WorkSafe Victoria attended the workplace and observed that:

there was no traffic management system in place in the grape receiving area; and
there were no warning signs, marked pedestrian walkways, marked loading/unloading zones, designated driver waiting area or signs to indicate a set speed limit.

The WorkSafe inspector’s investigation also revealed that, following an improvement notice previously issued by WorkSafe in August 2012, the company had developed a traffic management plan. However, by the date of the incident it was not being implemented in the grape receiving area and it no longer formed part of new workers’ inductions. Following the incident, the inspector issued an improvement notice in relation to the risk of powered mobile plant colliding with pedestrians.

In its judgment, the Court noted that the risk of harm was high as there was no segregation between workers and powered mobile plant in the area. Plus, the company had prior knowledge of this actual risk given it had previously been issued with an improvement notice for the same hazard.

The company has since developed a site-specific traffic management plan at a cost of $23,300.

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