Prosecution Details

Being an employer at a workplace at which there was an industrial lift truck, failed to ensure that the industrial lift truck was operated in accordance with AS2359.2.

The defendant manufactures agricultural machinery.

On 6 November 2000 a forklift was being operated by an employee of the defendant, when a 15 year old employee of the defendant, jumped on the forklift. When he jumped off the forklift his left foot was injured, resulting in a fractured heel. He was unable to work for a period in excess of eight weeks.

The 17 year old driver of the forklift had worked for the defendant for about two years, and had been permitted and instructed to operate forklifts as part of his duties for seven months at the time of the accident. He was not given any instructions or training in relation to the use of forklifts, nor was he given any instructions or training in relation to safety practices and rules for operating forklifts. A director of the defendant was aware that the driver had not received any forklift training.

Australian Standard AS2359.2 requires forklift operators to be trained in relation to such things as safety practices and rules, operating conditions and basic information on the forklift including its design features, centre of gravity and stability.

The defendant pleaded guilty.