Manufacturer sentenced for failures resulting in subcontractor's crush injury

A Victorian road transportation manufacturer was fined $28,000 and ordered to pay costs for failing to maintain a safe workplace after a subcontractor was crushed between a TrailerCaddy and truck trailer (WorkSafe v CIMC Vehicle Australia Pty Ltd [2025]).

The incident

CIMC Vehicle Australia Pty Ltd (CIMC) designed and manufactured road transportation vehicles and related equipment from a warehouse located in Cranbourne West, Victoria. CIMC engaged subcontractors to build truck trailers at the warehouse.

On 31 January 2024, a subcontractor was pulling a truck trailer using an electric trolley (TrailerCaddy), while walking backwards through the workplace. At some point, he realised he was about to back into another trailer and attempted to stop the TrailerCaddy. The TrailerCaddy could not be stopped in time, and the subcontractor was hit and crushed between the TrailerCaddy and stationary truck trailer. The subcontractor suffered two broken legs as a result.

Investigations following the incident found that:

a standard operating procedure (SOP) was in place for the TrailerCaddy that identified the risk of a crushing injury from being hit;
the SOP did not require the use of a spotter when reversing within the factory; and
the subcontractor had some training in operating the TrailerCaddy, 3 years earlier, when he commenced working at the workplace, but the training was not updated and he did not recall any specifics from it.

Charge and sentencing

CIMC was charged with a failure to maintain a safe working environment for its workers, including subcontractors, by failing to control the risk of serious crushing injuries that could arise from plant colliding with operators.

The Court found that CIMC could have reasonably eliminated or reduced the risk to the workers by:

specifying when spotters were required;
specifying when workers were not to walk backwards when operating the plant;
placing line and zone markings on the floor to guide plant operators; and
ensuring workers were adequately trained and tested in their competency when operating the plant.

CIMC pleaded guilty and was sentenced to pay a fine of $28,000, without conviction, and to pay costs of $ 4,365.

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