Company fined $450,000 after young worker dies in forklift rollover

A farming company has been prosecuted and fined $450,000, on one charge of breaching the OH&S Act (2004). The incident which took place on 15 November 2014, resulted in the death of a 15-year-old boy, after the forklift he was operating rolled and crushed him.
The farming company would typically engage a labour hire contractor to supply workers for general farming activities, however, on this occasion the owner of the labour hire company brought his 15-year-old son and his son’s two friends, aged 16 and 17.
The court heard that the young workers were not provided with any safety instructions in relation to the site or the work. 
The forklift was used by both the farm owner and labour hire owner to move full bins of picked snow peas onto a transport truck. Each held appropriate forklift licences.
The court also heard that there had been no prior hazard identification or risk assessment for operation of the forklift.
An eyewitness testimony confirmed the labour hire owner's son was operating the forklift in an unsafe manner, moments before the forklift tipped on him.
WorkSafe Executive Director of Health and Safety, Marnie Williams, said "the absence of safe systems of work, safety instructions and supervision contributed to the tragic incident".
“Three teenagers, two of which had no prior farm work experience, were left to work on a commercial farm totally unsupervised. As a result, one died and two were witness to a tragic workplace incident,” Ms Williams said.
“The forklift was accessible to anyone, and leaving the keys in the ignition was an invitation to disaster. The lack of instruction and training meant there was little to no understanding of the risks involved with driving a forklift.
“Because of their lack of experience, young people are particularly vulnerable at work. They must always be supervised and safety should never been left to chance.”
Failure to manage health and safety can result in serious incidents. So, as well as putting staff wellbeing at risk, businesses can be left exposed to substantial financial penalties, criminal and civil prosecution and loss of reputation.
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