Court fines Refrigafreighters Ltd after forklift brakes fail, breaks worker’s back

An incident where a forklift fell on a worker, breaking his back and puncturing his lung, could have easily been prevented, WorkSafe says.

The company involved has been fined $240,000 for the incident which left the 33-year-old with serious injuries. The sentencing happened in the Manukau District Court.

WorkSafe’s national manager for investigations Casey Broad said the handbrake failed on a forklift a Refrigafreighters Ltd worker had been collecting rubbish with in September 2022.

The worker tried to save the vehicle as it rolled down the slope where it was parked but it tipped and seriously injured him.

Refrigafreighters Ltd was fined $240,000 and ordered to pay $62,279 in reparations.

The maximum penalty is a $1.5 million fine.

Broad said the investigation “verified the forklift hadn’t been maintained and serviced to the standard we’d expect”.

“We asked specialists to take a look and what they found was shocking – there were serious safety issues with the handbrake, to the point it would never have been able to stop the forklift from moving even on a slight incline.”

Broad wanted the sentence to remind businesses to keep their workers safe.

“If businesses don’t meet their health and safety responsibilities, WorkSafe will hold them to account.”

Broad said forklifts are a common tool for businesses, but are often not treated, maintained and serviced like other vehicles.

“If you don’t, things can go wrong quickly.

“Unfortunately there are too many incidents involving forklifts in New Zealand – businesses can do better to keep people safe.”