Furniture company fined more than $40,000 over lift truck rollover
Issue Date: - Thursday, 13 November 2008
A Malaga furniture company has been fined $40,750 over an incident in which a lift truck rolled over and seriously injured two men.
T E Wang Pty Ltd – trading as New Idea Furniture – pleaded guilty to three charges and was fined in the Perth Magistrates Court yesterday.
The company faced two charges of failing to provide and maintain a safe workplace for an employee and a contractor who were injured when a lift truck they were using overturned, for which it was fined $40,000.
The third charge was for failing to provide evidence that the operator of the lift truck was a competent operator, for which the company was fined $750.
In February 2005, a painter was engaged on a contract basis to paint the external walls of the company’s warehouse and showroom, which were 5.5 to 6 metres high.
It was agreed that a scaffold would be provided, but one was not available for several days. In order to get the work started, the painter was provided with a Crown Lift Truck, a type of elevating work platform (EWP), from which to reach the high panels.
The EWP had tines that could be elevated, as well as an operator’s platform with edge protection on three sides which also elevated with the tines.
The painter was informed that an employee of the company would operate the EWP while he worked from a work platform which had been placed on the tines. He was also supplied with a safety harness.
The two men carried out the painting job for some time, but at around 2.15pm when the two men were working with the EWP at close to its maximum extension height, it became unstable and overbalanced away from the building.
The EWP was being operated on the sloping surface of a car park contrary to clear instructions on the machine to use it only on hard level surfaces.
The painter was thrown out onto the bitumen, while the EWP operator remained in the operator’s box throughout the fall. Both men were seriously injured.
WorkSafe WA Commissioner Nina Lyhne said today that the case should serve as a reminder that machinery should only be used for its intended purpose, and that operators must be properly licensed or trained.
“The machine itself has clearly-displayed instructions for its use, and these were disregarded for the sake of convenience,” Ms Lyhne said.
“The operator’s manual clearly stated how the machine should be used and its limitations, but the employer did not have a copy of the manufacturer’s instructions available for use by employees.
“In addition, the employer did not have any evidence that the operator he instructed to do the job was a competent operator of the machine.
“This case illustrates once again the extreme importance of ensuring that employees are properly trained and/or licensed to operate plant in the workplace, and that the manufacturer’s instructions are strictly adhered to at all times.
“If this had been the case at this workplace, two men would have avoided a great deal of pain and suffering, and the company would have avoided a sizeable fine and damage to its reputation.”
Further information on safe use of machinery and employee training and licensing can be obtained by telephoning WorkSafe on 9327 8777 or on the website at www.worksafe.wa.gov.au.
Media contact: Caroline De Vaney 9327 8744 or 0408 927563 (media enquiries only).