Prosecution Details

Being an employer at a workplace where there was powered mobile plant, namely a forklift, and there was a risk that plant could overturn, failed, as far as was practicable, to limit the risk by the provision of an appropriate combination of operator protective devices, namely, a seat belt or restraint.

The defendant operates a fresh produce growing business in Baldivis. A WorkSafe Inspector inspected the premises and observed a forklift vehicle that was not fitted with a seat belt. The Inspector issued the employer with a improvement notice. When the premises was inspected by a WorkSafe Inspector at a later date, they observed that the same forklift vehicle was still not fitted with a seat belt.

The defendant pleaded guilty.