Bus manufacturer fined $170,000 after unlicensed forklift operation

The incident occurred on 2 May 2022 when the worker drove a forklift into metal parts, causing it to tip. The worker fell with the forklift as it landed on its side.

Custom Bus Group pleaded guilty to an offence under section 33 of the Work Health and Safety Act 2011 (NSW), having failed to comply with its duty under section 19(1).

The Court found that managers, at least one supervisor and some workers knew the worker regularly operated the forklift without holding the required high risk work licence. They did not stop him from operating it or discipline him for doing so without a licence.

The Court also noted that workers, including managers and supervisors, did not know which workers held the relevant forklift licence and/or were authorised to operate the forklift as part of their roles.

SafeWork Commissioner Janet Schorer said: “There are well-known risks when working with and around mobile plant and vehicles such as forklifts, which have the potential to cause serious injury and kill people.”

Commissioner Schorer reminded businesses of their duty to ensure workers have the correct licences and relevant training to operate equipment such as forklifts. She said the prosecution highlighted SafeWork NSW’s focus on improving worker safety and ensuring serious consequences for employers who do not take safety seriously.

Custom Bus Group has the right to appeal the sentence. The full judgment is available through NSW Caselaw.

SafeWork NSW provides resources on its website to help business owners and workers manage risks associated with plant, machinery and equipment. Workers can report workplace health and safety concerns anonymously by calling SafeWork on 13 10 50 or using the Speak Up Save Lives website.

How Blue Safe can help: Our free WHS self-check can help you review your business’s approach to workplace safety duties and identify areas for closer attention, including worker licensing and training. Take the free WHS self-check