Charges laid after 1.2 tonne forklift load crushes worker

NT WorkSafe has charged a Darwin steel fabrication business and two of the company officers over a serious incident where a worker was crushed by a bundle of steel weighing over 1.2 tonnes.

In September 2023, a contractor for a transport company attended Topline Steel Fabrications (NT) Pty Ltd workplace in Yarrawonga to pick up a delivery of steel. During the loading operation which involved the company’s Operations Manager Mr Darcy Blyth operating a forklift and the contractor acting as a spotter, a bundle of steel weighting over 1.2 tonnes fell from the forklift tynes.

The contractor was crushed by the bundle of steel causing significant crush injuries to multiple parts of the body.
NT WorkSafe will allege Topline Steel Fabrications (NT) Pty Ltd did not have safe systems of work for the use of forklifts and the safety management systems that were in place for the company were inadequate.

NT WorkSafe will also allege Mr Blyth was operating the forklift unlicensed, as his forklift licence had expired in 2015.
Topline Steel Fabrications (NT) Pty Ltd has been charged with the following two breaches of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act):

• One charge under Section 32 of the Act for breaching its primary duty of care under Section 19(1), for failing to ensure the health and safety of the contractor.
• One charge under Section 33 of the Act for breaching its primary duty of care under Section 19(3)(a)(c) and (f), for failing to ensure a work environment without risks to health and safety, a safe systems of work, and the provision of information, training or instruction.

Mr John Francis Roberts, the Director of Topline Steel Fabrications (NT) Pty Ltd, has been charged as an officer with the following three breaches of the Act:

• One charge under Section 32 of the Act for breaching his primary duty of care under Section 19(1), for failing to ensure the health and safety of the contractor.
• One charge under Section 32 of the Act for breaching his duty as an officer under Section 27, for failing to exercise due diligence.
• One charge under Section 33 of the Act for breaching his primary duty of care under Section 19(3)(a)(c) and (f), for failing to ensure a work environment without risks to health and safety, a safe systems of work, and the provision of information, training or instruction.

Mr Darcy Blyth has also been charged as an officer with four breaches of the Act. The same three charges Mr Roberts faces as detailed above, in addition to one charge under Section 43 for not holding a licence to operate a forklift as required under Regulation 81 of the Work Health and Safety (National Uniform Legislation) Regulations 20112.

If found guilty of all charges, the defendants face the following maximum combined penalties:

• Topline Steel Fabrications (NT) Pty Ltd - $2 million
• Mr John Francis Roberts - $700,000
• Mr Darcy Blyth  - $720,000

The matter is listed for mention at the Darwin Local Court on Monday 9 December 2024 at 9.30am.