Prosecution Details

Being an employer at a workplace at which there was an industrial lift truck, failed to ensure that a person who had reached 17 years of age operated an industrial lift truck in accordance with Regulation 4.55(1)(b); contrary to Regulation 4.55(1) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

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 AS 2359.2; contrary to Regulation 4.55(a) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

The Defendant operates a supermarket in Mandurah.

The Defendant employs approximately 40 persons to work at the workplace.

The defendant owned and kept at the workplace an industrial lift truck that was not a pedestrian lift truck.

The defendant had arrangements with the company that delivered groceries to its stores that its drivers would use the defendant's industrial lift truck to unload groceries from the truck.

Two employees who worked on night fill duties , one as a supervisor, operated the industrial lift truck in order to unload pallets of groceries delivered to the workplace or to move groceries around the workplace. One of these employees was 17 years of age. Neither employee had received the required training to operate industrial lift trucks.

On 22 July 2002 when the 17 year old operated the industrial lift truck an accident occurred when he forgot to engage the park brake as he got out of the industrial lift truck. The industrial lift truck rolled forward and over his foot. The employee was unable to work for a week.

When interviewed, the defendant said that he was unaware of the training requirements for persons to operate a forklift.

The defendant pleaded guilty to both charges.