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Prosecution Details

Defendant Kim Peter Russo
Trading Name East West Design
Section 19(1)(a)
Regulation Not Applicable
Offence Date Thursday, 5 February 1998
Description of Breach(es)

Being an employer, failed so far as was practicable to provide and maintain a working environment in which his employees were not exposed to hazards and in particular failed to provide and maintain plant such that, so far as was practicable, its employees were not exposed to hazards.

Background Details

Mr Russo and an employee were fixing signs to the outside of the shop warehouse building approximately 2.9 metres from the ground. The task involved lifting the employee and equipment up to the sign, using a Mitsubishi forklift, leased by East West Design.

Mr Russo operated the forklift and raised his employee to where the signs were being fixed to the wall. The employee was standing on a wooden pallet.

Also Mr Russo left the forklift, whereby the controls were unmanned and then climbed the mast of the forklift onto the pallet to assist his employee carry out their work.

Regulation 4.55 requires industrial lift trucks (forklifts) to be operated in accordance with AS2359.2 and the requirements of the designer and manufacturer.

The defendant pleaded guilty.

Lead Image
Outcome Summary convicted
Conviction Date 26 Jun 1998
Court Fremantle Court of Petty Sessions
Fine $750
Costs $277
Charge Number 5078/98