Prosecution Details

Being an employee, failed to take reasonable care to avoid adversely affecting the safety of other persons, through an omission at work in that he failed to comply, so far as was reasonably able, with an instruction, given by his employer, Boss Transport and Services for the safety of other persons that children on the site were to be kept out of the working area of the employer's premises while there was work going on.

On 11 July 1997 an inspector visited the premises of Boss Transport Services and met the defendant who was depot manager at the Welshpool depot at the time. During that visit children were observed at the workplace and later that day it was learnt that one of the children (9 years old) had been on a forklift while it was in operation, yet there were no suitable provision for a passenger on the forklift.

The defendant was aware that this was occurring and did not take action to terminate the activity.

A child was also observed by the inspector on the tray of a truck while a forklift was loading the tray with 900kg loads.

During the trial the defendant gave evidence that the had given instructions to his 8 year old son to drive the forklift.

Magistrate Cockram SM said on this matter, that the youth "was too young to have control of a forklift. The defendant failed to take reasonable care in this regard."

Magistrate Cockram SM indicated in his concluding remarks that there was a need to send a clear message to the defendant and other like him about the dangers of having children playing in a workplace while potentially dangerous work activities were occurring. Mitigating factors were that there was no prior record and no injury to anyone. Further it was thought that the defendant was unlikely to repeat his actions as there was a degree of remorse

The defendant pleaded not guilty. The penalty was imposed under section 20(4).

convicted