Prosecution Details

[1] Being an employer, failed, so far as was practicable, to provide and maintain a working environment in which its employees were not exposed to hazards.

[2] Being a director of Austway Investments Pty Ltd, trading as Coastal Midwest Transport, which committed the offence of failing to maintain a working environment such that employees were not exposed to hazards, contrary to section 19(1); which offence was attributable to his neglect.

A forklift driver was fatally injured when he lost control of his forklift resulting in it rolling over on a public road.

The combination of an untrained operator, poor positioning of the forklift arms, excessive speed and the attempted negotiation of a sharp turn resulted in the forklift rolling over. There were no operator restraining devices fitted to the forklift such as lateral seat restrains or seat belt. When the forklift started to roll, witnesses have indicated that the driver attempted to jump clear.

The driver was struck by the overhead protective structure of the forklift and then pinned between the structure and the road surface. The driver was not provided with any forklift training and undertaking only his second day of employment with the company.

The forklift was unregistered and the driver was driving with a suspended license. The forklift design was not suited for delivery of bricks onto a residential building site. The brick lifting attachment was damaged and the forklift was not fitted with an appropriate load chart.

The accident occurred on 22 September 1995 and the employee died two days later.