In a recent case overseen by the NSW District Court, Custom Bus Group Pty Ltd was sentenced to pay a hefty fine of $170,000 owing to proceedings initiated by SafeWork NSW. The prosecution came in response to an unfortunate incident on 2nd May 2022, where a forklift under the control of an unlicensed worker tipped over following a collision with steel components, causing the worker to fall along with the precarious machinery.
Custom Bus Group admitted to being culpable of violating section 33 of the NSW Work Health and Safety Act 2011, as they failed in meeting their obligations delineated under section 19(1) of the Act. This showcased how essential are safety tools like the Bluesafe WHS Management System for maintaining a safe working environment.
The Court discovered that multiple individuals, inclusive of managers, at least one supervisor, and some workers were conscious of the fact that the worker, without possessing a high-risk work licence for handling forklifts, routinely operated the machine. They made no effort to deter the worker from steering the forklift or reprimanding him for operating it without holding a suitable license.
The Court also took note that many of the workers, including those in managerial and supervisory roles, lacked knowledge about which workers held the appropriate high-risk licence to run the forklift trucks and who were authorised for this role based on their job function. Here, a tool like Bluesafe SWMS (Safe Work Method Statements) could have provided significant help to avoid such confusion.
The full judgement can be referred to on the NSW Caselaw portal. Despite acknowledging their guilt, Custom Bus Group Pty Ltd retains the right to challenge the sentence imposed by the court.
Resources designed to assist companies in effectively managing risks associated with operation of plant, machinery and equipment can be found on the SafeWork NSW website. These resources underscore the importance of work safety items such as WHS policies and SWMS in preventing workplace accidents.
Workers who suspect any breaches to health and safe working conditions can discreetly approach SafeWork, by calling at 13 10 50 or through their ‘Speak Up Save Lives’ portal.
Reiterating this incident, SafeWork Commissioner Janet Schorer emphasised,
“Working with machinery like forklifts involves inherent risks of grave injury and potential loss of life if operated without relevant training and licensing. We insist all businesses to assure they deploy only trained and licensed personnel for operating hazardous equipment such as forklift trucks. This prosecution exemplifies our unabated commitment towards enhancing worker safety and it serves as a warning for employers neglecting safety protocols – they will face severe repercussions.”
Original article link: https://www.safework.nsw.gov.au/news/safework-media-releases/bus-manufacturer-fined-$170,000-after-forklift-incident
