On 15 May 2026 a forklift operator was sentenced in the Kingaroy Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with its primary health and safety duty.

The defendant had a duty as a worker, pursuant to section 28(b) of the Act, to take reasonable care whilst at work that his acts or omissions did not adversely affect the health and safety of other persons. Failure to comply with this duty exposed an individual to a risk of death or serious injury.

On 28 March 2022, the defendant was operating a forklift with a yellow bin mounted on the front. He drove with the tines raised high enough to clear the ground and avoid scraping on uneven surfaces. While operating the forklift, he struck another worker. After the defendant had driven forward and felt a bump, he saw that the other worker was underneath the bin. The other worker later died from the injuries sustained.

The defendant failed to take reasonable care that his actions didn’t affect the health and safety of other workers in the workplace by driving the forklift forward whilst carrying a bin on the tines.  In operating in that manner, the visibility of other workers was reduced. The defendant should have operated the forklift in reverse.

The matter proceeded to trial on 12 and 13 March 2026 before her Honour Magistrate Pearson.  On 13 April 2026, her Honour delivered a verdict of guilty against the defendant. In handing down the decision, her Honour indicated that common sense indicates that if it is difficult to see what is in front then it is obstructed and consideration must then be given to driving backwards. Her Honour indicated that the court was unable to conclude that the defendant’s view was clear, which led to the conclusion that the defendant ought to have been driving in reverse. Her Honour was satisfied that each of the elements of the offence had been proven beyond reasonable doubt.

On 15 May 2026, the defendant was sentenced in relation to this offence.  In sentencing, her Honour had regard to the absence of a plea of guilty, the offence involving a failure to follow established forklift safety procedures, and the devastating consequences for the family of the deceased. Her Honour also had regard to the absence of deliberate intent, the defendant’s genuine remorse as demonstrated by his significant psychological and psychiatric impact, the defendant’s cooperation and rehabilitation as demonstrated by his absence of further offending over a four-year period and his re-entry into the workforce following a period of bankruptcy and inability to work. Her Honour also had regard to the purpose of the legislation, personal deterrence and general deterrence.

OWHSP contact: enquiries@owhsp.qld.gov.au