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After signing an enforceable undertaking, a major construction company will spend over $1 million on improving the health and safety outcomes of the organisation.
Back in August 2022, a truck driver was delivering three large electrical switchboards to a Hutchinson Builders construction site in Rosebud Plaza, Victoria – accompanied by his 21-year-old son.
As the son stood on the truck’s tray removing straps, a forklift suddenly struck the unsecured load, causing the 21-year-old and a switchboard to fall a total of 1.6 metres to the ground.
The falling switchboard, weighing 770 kilograms, landed on the 21-year-old’s head and torso, causing life-threatening crush injuries, including skull, facial and multiple other fractures, brain damage, and facial nerve palsy.
The young man was airlifted to hospital in a critical condition. He has since partially recovered from his injuries, albeit still facing the ongoing physical and emotional impacts of the incident.
On 17 April 2025, Hutchinson Builders entered into an enforceable undertaking while facing a single charge of failing to ensure its workplace was safe and without risks to health.
A WorkSafe investigation found that it was reasonably practicable for the company to reduce the risk of these life-threatening injuries by:
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Keeping the loading area gate closed and requiring delivery drivers to report to site management before entering.
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Directing delivery drivers where to park.
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Having marked pedestrian exclusion and driver safety zones.
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Identifying the delivery area through signs and barricading during loading or unloading.
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Directing delivery drivers to stay in the dedicated safety zone during loading or unloading.
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Directing forklift operators to ensure pedestrians are clear of the area during loading or unloading.
“Forklifts should never operate in spaces that pedestrians can access without strict safety procedures in place, that includes making sure that anyone who enters the workplace understands and adheres to these processes,” said WorkSafe executive director of health and safety Sam Jenkin.
“In this case, following an appropriate traffic management plan would have prevented the horrific set of circumstances that led to a young man suffering such shocking and traumatic injuries.”
The enforceable undertaking requires the company to develop and promote a range of safety materials, including the development of a safety culture program for managers. They must also participate in initiatives providing health, safety, and wellbeing research for construction organisations.
Overall, the undertaking is estimated to cost the company $1,040,000. If these parameters are not met, WorkSafe has the opportunity to reinstate the charges.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
