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Prosecution summaries

Defendant:
Bluestar Logistics Australia Pty Ltd

Trading Name:
Not applicable

Description of Breach(es)

Regulation: 4.53(2)

Breach(es):
Being an employer at a workplace, failed to ensure that persons were not lifted or suspended by plant at a workplace, namely a forklift truck, or its attachment, which was not plant specifically designed for the lifting or suspending of persons.

Background Details:
The defendant operated a freight transport company in Welshpool.

On 1 July 2002 a WorkSafe inspector undertook an inspection of the premises and whilst doing so observed an employee driving a forklift which had an empty pallet attached to the tynes and witness the driver stop the forklift next to a truck trailer, raise the tynes with the attached pallet approximately a metre above the bed of a truck trailer and then climb around the mast of the forklift and up onto the pallet.

The WorkSafe Inspector also observed another forklift driver, driving a forklift with a pallet attached to its tynes. The driver stopped the forklift next to a trailer truck whilst another employee then stepped onto the pallet and was lifted a metre above the bed of the trailer truck. This placed the employee approximately 2.5 metres above the ground.

Charge Details:
Convicted on Friday, September 12, 2003 at Perth Court of Petty Sessions.

Fine(s): $4500

Costs: $257.70

Charge Number: 29075/03