SA court fines company $80,000 for allowing truck driver to be crushed under 1.7 tonne machine AN ADELAIDE company has been fined $80,000 over a workplace safety breach that saw an interstate truck driver crushed beneath a falling 1.7 tonne piece of machinery. Stephen Martin, of NSW, was horrendously injured when the machinery he had just delivered to Custom Cartons, Brompton, was dropped onto him by a forklift in May 2011. Amazingly, the 54-year-old survived - but only after spending two weeks unconscious and 36 hours in surgery to repair his liver, lungs, pelvis, ribs, spine, femur, shoulder, fibula and ankle. In a judgment published today, the Industrial Court convicted Custom Cartons of breaching workplace safety laws and fined it $80,000. Industrial Magistrate Stephen Lieschke said the company failed to enforce its own policy that delivery drivers stand in a designated "safe area" while forklifts unloaded their cargo. "Having an unenforced policy is not the same as taking all reasonably practicable steps to eliminate or reduce the foreseeable risks between falling loads and pedestrians," he said. Mr Lieschke said that, in any event, Mr Martin was not made aware of the policy prior to the delivery of the 1.7 tonne machinery. "As a forklift raised the first machine from the bed of the truck, Mr Martin remained in the vicinity (to help)," he said. The forklift operator said that, as he engaged the load, the forklift tipped forward and the load slid off. Unfortunately the machine fell on Mr Martin, causing major crush injuries. Mr Lieschke said Mr Martin and his family had suffered great emotional and financial losses. Mr Martin's wife lost $45,000 in income by flying to Adelaide to be with her husband, who continues to suffer memory loss and post-traumatic stress. Mr Lieschke said Custom Cartons pleaded guilty and had demonstrated genuine concern and contrition by apologising to Mr Martin and paying him $40,000 compensation. He said the company had subsequently installed hazard control measures to prevent a repeat of the incident.