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.

On 22 May 2000 a forklift at the defendant's premises was being operated by a labour hire worker. Whilst reversing the forklift without looking where he was going the labour hire worker ran over the foot of another worker. The worker suffered severe injuries to his foot, including fractures, which as well as requiring surgery, incapacitated him for a number of months.

At the time of the accident the labour hire worker had been engaged at the defendant's premises for about three months. He was required to operate a forklift as part of his duties and had not received any training or instruction in relation to the use of a forklift by the defendant.

Prior to the accident the defendant did not require its forklift operators to be certified. Operators were simply asked whether or not they had a certificate and if not, were asked whether or not they could operate a forklift. No attempt was made to ascertain whether they had received any training, or whether they had any knowledge of the matters contained in AS2359.2.

Mr Malley SM took into account the defendant's plea of guilty, but indicated there was a need to remind the defendant of the heavy onus on employers. His Worship also had regard to the fact that the maximum penalty is reserved for the worst cases.

The defendant pleaded guilty.