Hemmant firm Deplin Pty Ltd fined $60K after worker’s injury

A Brisbane bayside logistics and warehousing firm has been fined in court after an inexperienced worker’s thumb was “partially amputated” when it was caught in a pinch point.

A warehousing and logistics business on Brisbane’s bayside has been fined $60,000 after an inexperienced worker’s thumb was “partially amputated” when it was caught in a pinch point, requiring surgical repair.

The incident occurred on November 8, 2018, at a Hemmant warehouse belonging to Deplin Pty Ltd, where workers performed various tasks including unloading cargo from shipping containers, which would sometimes include large plastic rolls, measuring approximately 7m and weighing up to 1.6 tonnes.

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The court heard these giant rolls were unloaded by dragging, lifting and manoeuvring each one individually using a forklift with an attached lifting jib and sling, which was tensioned while the roll was lifted and manoeuvred by the forklift.

Prior to the incident, Deplin Pty Ltd had developed a written procedure for this activity, which included an exclusion zone be used while moving the rolls.

On the day of the incident, a number of workers were unloading rolls from a shipping container.

The court heard this work was being supervised by the defendant’s warehouse manager, a qualified dogman, who was directly instructing a relatively young and inexperienced worker.

Both were positioned inside the container and close to a roll while it was being moved by a forklift.

The young worker reached out to grab the sling with his right hand while it was moving, with his thumb caught in a pinch point and partially amputated.

His thumb was surgically repaired, and he subsequently gained employment as a labourer with a different company.

At the time of the incident, the young worker had not been trained in the work procedure for this activity or of the need to implement an exclusion zone, the court heard.

He was not directed to leave the container while the roll was being moved.

Magistrate Sarra found Deplin Pty Ltd failed to ensure an exclusion zone was enforced while rolls were being moved and failed to ensure workers were properly trained and instructed in the activity.

In sentencing, Wynnum Magistrate Zachary Sarra noted work health and safety matters are taken seriously by the courts, with a huge responsibility on companies to ensure workers are treated safely.

Magistrate Sarra observed companies need to take sufficient steps to warn their workers of potential harm, particularly in circumstances involving movement of heavy loads and reliance on machinery.

He noted Deplin Pty Ltd had taken prompt action to further reinforce and refine its established work procedures post-incident so as to make it unlikely this type of event could happen in future.

Magistrate Sarra also took into consideration the defendant’s lack of prior convictions, co-operation with the Workplace Health and Safety Queensland investigation, the contrition and remorse shown, and a very early guilty plea to the charge of failure to comply with a health and safety duty.

In determining not to record a conviction, Magistrate Sarra observed the defendant was a reputable company of good character that had made positive changes following the incident and done everything it could to rectify its wrongs.

Deplin Pty Ltd was fined $60,000, plus court costs of almost $1,100.