Prosecution Details

Being an employee failed to take reasonable care to avoid adversely affecting the safety or health of another person through an act at work, namely operating a forklift truck in such a way that the person was elevated approximately 2 metres above the ground on a pallet on the tynes of the forklift truck; contrary to sections 20(1)(b) and 20(4) of the Occupational Safety and Health Act 1984.

The Defendant is employed by AFI (WA) PTY LTD as a warehouse manager at premises located at Malaga.

On 8 May 2003, in anticipation of a visit from his boss, the defendant decided that the windows of the building would be cleaned. The defendant instructed another employee to clean the cobwebs from the windows with a broom. When the employee had finished the lower half of the windows the defendant obtained a forklift truck located at the premises, put a pallet on the tynes of the forklift truck and instructed the employee to stand on top of the pallet. The defendant then raised the tynes of the forklift truck so that the employee was elevated approximately 2 metres above the ground and could reach the tops of the windows with his broom.

The defendant had completed the training in safe operation of forklift trucks and had a certificate of competency to operate forklift trucks. The defendant admitted that he knew that he should not have raised the employee on the tynes of the forklift truck in the way that he had.

The defendant pleaded guilty.