Forklift Accident is Victoria’s First Conviction for Industrial Manslaughter

 

On 19 February 2024, LH Holding Management Pty Ltd, trading as Universal Stone and Marble, was sentenced in the Victorian Supreme Court  after pleading guilty to a single charge of engaging in negligent conduct that constituted a breach of a duty owed to another person and caused their death.

The company was convicted and fined $1.3 million.

LH Holding Management’s sole director Laith Hanna, 46, was also convicted and placed on a two-year Community Corrections Order to complete 200 hours of unpaid community work and a course in forklift operation after pleading guilty to a single charge under section 144(1) of the Occupational Health and Safety Act for being an officer of a company that committed workplace manslaughter, a contravention solely attributable to his failure to take reasonable care.

The company and Hanna were also ordered to pay $120,000 in compensation to the worker’s family for pain and suffering.

In October 2021, a 25-year-old sub-contractor died after a forklift being operated by Hanna with a raised load on a sloping driveway tipped over and landed on top of him.

Continue reading “Forklift Accident is Victoria’s First Conviction for Industrial Manslaughter”

New Victoria Forklift Safety Guidebook

On 22 May 2025 WorkSafe Victoria  released a new Forklift Safety Guidebook.

In their media release WorkSafe Victoria noted:

The newly-published guidance provides practical advice to employers on the safe use and maintenance of forklifts and highlights the need to separate forklifts from people on the ground.

WorkSafe data shows on average more than one worker every week in Victoria is seriously injured after being struck by forklifts or falling forklift loads.

The guidance outlines ways to reduce the risk by ensuring traffic management systems, such as physical barriers, exclusion zones and signage are in place.

Sadly, eight people have been killed in forklift-related workplace incidents since 2019, including three pedestrians working near forklifts. Pedestrians also accounted for 65 of the 157 accepted claims last year where the cause of injury was a forklift incident.

The guidance also encourages employers to consider retrofitting relatively low-cost safety technology such as sequential seatbelt interlocks, which prevents the forklift being started without a seatbelt in place, and proximity devices that detect pedestrians and automatically power mobile plant down to low speed.

The full media release is available here

The PDF version of the Guidebook is available directly from WorkSafe Victoria  here or from the AFITA website in the State and Territory Resources section, here.

2024 AFITA Industry Award – Nominations Now Open

In 2023, the Australian Forklift and Industrial Truck Association (AFITA) created an award to honour an individual or individuals from Australian forklift industry who have made an outstanding contribution to the value, recognition or reputation of the industry.

Eligibility

To be eligible for the AFITA Industry Award, the nominee:

  • is an individual or individuals from the Australian Forklift & Industrial Truck industry;
  • has made a significant contribution to the value, recognition or reputation of the industry

The Prize is to be awarded annually and presented at the AFITA Annual Dinner which will be held this year in Sydney on 30 July 2024.

Nominations are to be made in the form of a submission of no more than 500 words forwarded to the AFITA Executive Officer, Sue Hart.

The closing date for nominations for the 2024 AFITA Industry Award is

15 July 2024.

Continue reading “2024 AFITA Industry Award – Nominations Now Open”

Over 50 Years of of Working to Improve Forklift Safety

AFITA (previously AITA)  has a proud tradition of supporting safety as evidenced by this  conformance plate  found recently on a 1972 Clark 2.5 Tonne  FLT referencing compliance with AITA Recommended Safety Practice 1969.

Other materials that have come to light recently include 1965 references to  AITA members advising state regulatory authorities that their machines were compliant with the Australian Industrial Truck Association Recommended Safety Practices for Powered Industrial Trucks  (in turn based on the American Standard Safety Code for Power Industrial Trucks ASA B56.1 (1959)).

So we have been in the business of promoting Forklift Safety for almost 60 years.

On another note the plate was on a machine believed to have been traded-in in the last 5 years – clearly built to last!

Thanks to Craig Williams, Engineering & Technical  Manager at Clark Equipment for the photo and the 1965 reference.

Safework NSW – Moving Plant Checklist

 

SafeWork NSW have produced a Self-Assesment Checklist : Safety around Moving Plant

The use of powered mobile plant (including forklifts)  in the workplace is a major cause of serious injuries and even fatalities in NSW workplaces. SafeWork NSW has identifed the three main reasons why workers are killed and seriously injured in mobile plant incidents and these are:

1. Being hit or crushed by mobile plant.
2. Being hit or crushed by a load that the mobile plant is moving.
3. Being crushed in a mobile plant tip over.

If you are a Person Conducting a Business or Undertaking (PCBU), a self-employed person or a controller of a workplace with mobile plant, this self-assessment tool is designed to provide guidance for what you can do to
improve safety around mobile plant and put in place measures to control the associated risks in your workplace to be compliant with safety legislation.

This tool relates to powered mobile plant operation, high risk work licensing, pedestrian separation, load handling, seatbelts and general mobile plant safety and maintenance.

A copy of the checklist can be downloaded from the SafeWork NSW website or here

AFITA Industry Award 2023 – Nominations Now Open

In 2023, the Australian Forklift and Industrial Truck Association (AFITA) created an award to honour an individual or individuals from Australian forklift industry who have made an outstanding contribution to the value, recognition or reputation of the industry.

Eligibility: To be eligible for the AFITA Industry Award, the nominee:

  • is an individual or individuals from the Australian Forklift & Industrial Truck industry;
  • has made a significant contribution to the value, recognition or reputation of the industry

The Prize is to be awarded annually and presented at the AFITA Annual Dinner which will be held in 2023 in Brisbane on 1 June 2023.

Nominations are to be made in the form of a submission of no more than 500 words forwarded to the AFITA Executive Officer, Sue Hart.

The closing date for nominations for the 2023 AFITA Industry Award is

5 May 2023.

Continue reading “AFITA Industry Award 2023 – Nominations Now Open”

Flood Damaged Forklifts – Again

Following our news item of March 2022 regarding “rebirthing” of  flood damaged Forklift Trucks

In early December 2023 AFITA wrote to the Insurance Council of Australia and the Hon Tony Burke MP, Minister for Employment and Workplace Relations expressing concern regarding the potential for flood damaged forklifts to be “rebirthed” following write-off and asking for the removal of name plates prior to the sale of written off machines to ensure they are only used for parts.

Continue reading “Flood Damaged Forklifts – Again”

Evaluation & Regulation of Non-Road Diesel Engine Emissions

In April 2018 what is now the Department of Climate Change, Energy, the  Environment and Water (DCCEEW) commenced an evaluation for a national approach to manage emissions from non-road diesel engines.

The Issue

  • Australia currently has no regulations to control noxious emissions from non-road diesel engines.
  • Total particulate emissions from non-road diesel engines are significantly larger than total particulate emissions from all on-road motor vehicles in Australia (petrol, diesel and LPG), even though the number of non-road diesel engines is only about 3% of the number of on-road engines.
  • They emit particulate matter (mainly fine particles, PM2.5), oxides of nitrogen, volatile organic compounds and a range of air toxics which are harmful to human health.
  • Current international best practice standards emission standards for diesel engines  are US Tier 4f

Continue reading “Evaluation & Regulation of Non-Road Diesel Engine Emissions”

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