Forklifts, penalties and Industrial Manslaughter

A lot of occupational health and safety (OHS) people, including lawyers, were watching the court case involving Brisbane Auto Recycling (BAR) for the Industrial Manslaughter sentence, but there is a more important, practical lesson from this case involving forklifts and the positive duty of care.

One Queensland newspaper reported on June 11. 2020 stated that the BAR has been fined $3 million and the two company directors, both in their twenties, received 10 months imprisonment, wholly suspended. (The judgement is not publicly available at the time of writing)

According to the prosecution case the incident involved

“….. a worker engaged by BAR … was struck by a forklift which was being reversed by another BAR worker…”

and

“BAR had effectively no safety systems in place. It has no system to ensure the separation of pedestrians and forklifts, which were commonly in the same work areas, and it had no system to ensure that the workers who drove forklifts were appropriately qualified and supervised. It is principally through those failures that BAR caused the death of Mr Willis.”

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