Fines for Dangerous Forklift Practice

The Victorian County Court has refused to discount the $375,000 fine on a company and its director, despite the director being semi-retired and 82-years-old.

The director raised a person, at their Clayton facility, on a loose pallet on forklift tines, without a forklift licence, and the person fell and died.

Examples of people standing on tines or pallet on tines – both dangerous and illegal

Television Bad Role Models

Unfortunately, we see this type of behaviour regularly on television. For example, on some overseas car restoration shows, and even Australian gold and opal miner programs.

This type of television exposure, which often portrays it as fun, is part of the problem and contributes to otherwise “good” people thinking the practice is common and OK for brief jobs.

Safe Alternative Available - Not Used

Incredibly, WorkSafe found two scissor lifts were in the Clayton factory at the time of the incident, and one of these could have been used to safely perform the task. Clearly, a tragic failure of judgement on the part of the director.

The company was fined $250,000 for breach of S.26 eg duty of persons with management control of a workplace. The director was fined $125,000 for breach of S. 144 eg officer’s liability.

Special work at height equipment is preferred eg scissor lifts or boom elevator platforms.

However, if forklifts are to be used for lifting people they must meet minimum standards, including:

• Pedestrian cage properly constructed to AS 2359, with manufacturer’s plaque and user instructions.

• Only used for short duration tasks.

• Safe load capacity placarded on cage, and forklift weight and balance on dash.

• Pedestrian cage secured to forklift eg safety pins or chained to mast.

• Handrailing with top rail (1m), mid-rail and toe-board, and possibly mesh in-fill.

• 2m high back-frame meshed-in to protect people from mast mechanism and any over-head obstructions.

• Inward opening self-closing gate eg sprung-loaded gate.

• Forklift hydraulics fitted with control valve(s) to prevent free-fall in the event of hydraulic pressure failure.

• Training and rules for users eg driver not travel with people in cage, apply handbrake and in neutral while people raised, only arms allowed over handrails and no climbing on rails to reach higher.

• Wear a safety harness if work requires body reaching over the handrails.