VIC worker found guilty following forklift fatality

A VIC worker found guilty following forklift fatality has been sentenced to a six month good behaviour bond, after a co-worker was killed by a forklift load in a warehouse north-east of Geelong in October 2021.

The 53-year-old man received his sentence in the Geelong County Court following his guilty plea to a charge of neglecting his duty as an employee to ensure the health and safety of individuals who could be impacted by his actions or inactions in the workplace.

What Happened During the Fatal Forklift Accident

The court was informed that the forklift operator was operating the machine on an irregular surface — described as uneven ground — when the unstable load shifted. This load caused the death of a nearby worker who was serving as a spotter.

Incidents involving forklift operating on unstable surfaces remain a recurring hazard across construction, manufacturing and warehousing sectors throughout Australia. Employers and workers alike carry shared obligations under health and safety management systems designed to prevent such tragedies.

WorkSafe's Response to the Workplace Fatality

WorkSafe Executive Director of Health and Safety Sam Jenkin said this unfortunate incident highlights the essential duty that all individuals share in maintaining a safe working environment.

"It is unquestionably up to employers to provide a safe working environment, but workers must ensure their own actions do not place anyone else in a workplace at risk of harm," Mr Jenkin said.

Why Forklift Management Matters for Workplace Safety

This case underscores why robust forklift management practices are non-negotiable for organisations operating heavy machinery. Effective safety management should address:

• Ground condition assessments before operating forklifts on uneven or unstable terrain
• Spotter positioning protocols that keep workers clear of load paths
• Load stability checks integrated into daily operating procedures
• Ongoing health and safety training for forklift operators and support crew

Businesses seeking to strengthen their forklift management approach may benefit from reviewing a Forklift SWMS to ensure operating procedures align with current safety management expectations.

For organisations managing broader workforce safety management obligations, a Worker Agreement Policy can help clarify roles and responsibilities across a site.

Related Workplace Safety Cases

This incident follows a pattern of forklift-related safety management failures across Victorian workplaces. Readers may also find our coverage of a Vic abattoir fined $55,000 following forklift injury relevant, along with details of a Vic recycling facility facing charges following worker death.

Organisations reviewing broader health and safety management protocols may also wish to read about a worker hospitalised following alleged assault at a Vic youth centre, which highlights how varied workplace risks demand tailored safety management responses.

Strengthening Forklift Maintenance and Management Protocols

Regular maintenance forms a critical pillar of forklift management, reducing mechanical risks that compound instability on uneven ground. Companies operating fleets should consult an archived Forklift Maintenance SWMS as part of their ongoing safety management planning.

Clear worker contractor management frameworks also support consistent safety standards. Explore our Worker Contractor Manuals for guidance on documenting responsibilities across contracted and permanent staff.

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