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Prosecution Details

Defendant Bluestar Logistics Australia Pty Ltd
Regulation 4.53(2)
Offence Date Monday, 1 July 2002
Description of Breach(es)

Being an employer at a workplace, failed to ensure that persons were not lifted or suspended by plant at a workplace, namely a forklift truck, or its attachment, which was not plant specifically designed for the lifting or suspending of persons.

Background Details

The defendant operated a freight transport company in Welshpool.

On 1 July 2002 a WorkSafe inspector undertook an inspection of the premises and whilst doing so observed an employee driving a forklift which had an empty pallet attached to the tynes and witness the driver stop the forklift next to a truck trailer, raise the tynes with the attached pallet approximately a metre above the bed of a truck trailer and then climb around the mast of the forklift and up onto the pallet.

The WorkSafe Inspector also observed another forklift driver, driving a forklift with a pallet attached to its tynes. The driver stopped the forklift next to a trailer truck whilst another employee then stepped onto the pallet and was lifted a metre above the bed of the trailer truck. This placed the employee approximately 2.5 metres above the ground.

Outcome Summary convicted
Conviction Date 12 Sep 2003
Court Perth Court of Petty Sessions
Fine $4,500
Costs $257.70
Charge Number 29075/03