Fines following forklift fatality

By
Monday, 21 November, 2005

A total of $297,000 in fines has been imposed by the NSW Industrial Relations Commission sitting in Court Session following a forklift fatality at a Sydney warehouse.

A forklift driver was working alone when crates containing steel pipes fell on him at the Chipping Norton premises of Keralex Pty Ltd on 26 September 2001. WorkCover NSW prosecuted Keralex and a subsidiary company, Top Container Transport Pty Ltd, as well as the sole director and general manager of both companies under the Occupational Health and Safety Act 2000 for failing to ensure a safe workplace.

Keralex was fined $135,000 for a breach of section 10(1) of the Act and Top Container Transport $140,000 for a breach of section 8(1).

Donald Steel, general manager of both companies, was fined $5000 and Francis Burn, sole director of both companies, received fines totalling $17,500. WorkCover acting chief executive officer, John Watson said: "The death of a man working alone and unsupervised in a workplace with obvious safety risks is a tragic reminder of the vital necessity of actively controlling predictable risks."

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