Prosecution Details

Being an employer at a workplace, did not ensure that an industrial lift truck at the workplace that was not a pedestrian operated industrial lift truck was operated, in the case of a person who was not less than 18 years of age, by a person who had documentary evidence that he had satisfied the competency requirements of the National Guidelines for Occupational Health and Safety Competency Standards for the Operations of Loadshifting Equipment and Other Types of Specific Equipment [NOHSC: 7019 (1992)] for load shifting equipment; contrary to regulation 4.55(1)(a)(i) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

On 29 February 2004 the accused operated a commercial vineyard, winery, restaurant and function centre in Caversham, and employed a Restaurant Manager.

On 29 February 2004 the Restaurant Manager drove a forklift in the course of his employment when he did not have any documentary evidence that he had satisfied the competency requirements of the National Guidelines for Occupational Health and Safety Competency Standards for the Operations of Loadshifting Equipment and Other Types of Specific Equipment [NOHSC: 7019 (1992)] for load shifting equipment.

The accused pleaded guilty.