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Prosecution Details

Offender Independent Container Depot Pty Ltd

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 FR8835/2007 2 August 2005 10th September 2007 4.55(1)(a) 1.16(2)(b)(i) $5,000.00 10th September 2007
2 FR8836/2007 2 August 2005 10th September 2007 4.55(1)(a) 1.16(2)(b)(i) $3,000.00 10th September 2007
Description of Breach(es)

Charge 1: On 2 August 2005, being an employer at a workplace at which there were industrial lift trucks, failed to ensure that a person operating an industrial lift truck, was a person who had documentary evidence that he satisfied the competency requirements of the National Guidelines for Occupational Health and Safety Competency Standards for the Operation of Load Shifting Equipment and Other Types of Specified Equipment for load shifting equipment; contrary to Regulations 4.55(1)(a) and 1.16 of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Charge 2: Between 17 and 29 August 2005, being an employer at a workplace at which there were industrial lift trucks, failed ensure that a person operating an industrial lift truck, was a person who had documentary evidence that he satisfied the competency requirements of the National Guidelines for Occupational Health and Safety Competency Standards for the Operation of Load Shifting Equipment and Other Types of Specified Equipment for load shifting equipment; contrary to Regulations 4.55(1)(a) and 1.16 of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Background Details

The accused operates a warehousing and distribution business, having premises located at 2 Jones Street, O'Connor ("the Workplace"), and employs a number of employees. One part of the accused's business operations involves the use and movement of Sea Containers which are stored outside on a tarmac (or hardstand) area at the Workplace.

Industrial lift trucks (forklifts) and a gantry crane are amongst the items of plant used in the Workplace to move the Sea Containers and/or the freight stored in them. Employee 1 was the General Manager of the accused.

On 4 August 2005 WorkSafe was advised that on 2 August 2005, an incident occurred at the Workplace which caused injury to an employee of the accused. Subsequent investigations by a WorkSafe Inspector revealed that on 2 August 2005 an employee was struck by a 5 tonne industrial lift truck in use at the Workplace.

At the time of the incident the lift truck was being driven by the General Manager. The General Manager was not the only person who drove a lift truck at the Workplace. The Inspector's investigation revealed another employee of the accused (Employee 2) also drove an industrial lift truck at the Workplace. While both the General Manager and Employee 2 had both operated industrial lift trucks for a significant length of time, neither of them had documentary evidence that they had satisfied the competency requirements of the National Guidelines for Occupational Health and Safety Competency Standards for the Operation of Load Shifting Equipment and Other Types of Specified Equipment [NOSHC: 7019 (1992)] for load shifting equipment.

Later, on 17 August 2005, a WorkSafe Inspector issued an improvement notice to the accused in relation to the driving of industrial lift trucks at the Workplace. The notice included directions that "no persons are to drive industrial lift trucks unless they have been trained to NOHSC: 7019 (1992)" and to "ensure a documented procedure is in place on induction, thereby ensuring only trained personnel operate forklifts". The notice was given to the General Manager who immediately signed its bottom portion, indicating that the accused would comply with it forthwith.

However, when the WorkSafe Inspector later spoke to Employee 2, it became apparent that Employee 2 had continued to drive industrial lift trucks at the Workplace (between 17 August 2005 and 29 August 2005) notwithstanding that he still did not have documentary evidence that he satisfied the relevant requirements.

The accused did not take any measures to ensure that the General Manager and Employee 2 obtained the necessary documentary evidence




Outcome Summary

Pleaded Guilty

Court Fremantle Magistrates Court
Costs $510.00

Search the records of all successful prosecutions taken by WorkSafe under the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 since 1st January 2005. Searching and indexing of this database is limited to convictions for offences against the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 committed on or after 1 January 2005, when the statutory offence and penalty regimes were significantly amended.

Offences committed prior to 1 January 2005, while of limited comparative relevance, can be accessed via the following link.