Michael Gorman, 53, was sentenced in the Geelong County Court today after pleading guilty to a single charge of failing, as an employee, to take reasonable care for the health of safety of persons who might be affected by his acts or omissions in the workplace.
In October 2021, Gorman and a colleague were using a forklift to remove a steel rack, which housed numerous pieces of sheet metal and weighed more than a tonne, from a shed in the maintenance area of their Lara workplace.
The court heard Gorman was operating the forklift on an uneven surface when the unbalanced load tipped and fatally crushed the other worker, who was nearby acting as a spotter.
WorkSafe's investigation found Gorman had obtained a forklift high-risk work licence in May 2019, which required passing an assessment by demonstrating an understanding that operating a forklift near pedestrians is a safety hazard.
He had also completed a forklift safety induction at the workplace less than 12 months prior to the incident, which included a directive that pedestrians should remain three metres away from an operating forklift.
Gorman admitted that he failed to take reasonable care by operating the forklift with an unsecured and unstable load, without ensuring the other worker was a safe distance away.
WorkSafe Executive Director of Health and Safety Sam Jenkin said the death was a tragic reminder that everyone had a responsibility to keep each other safe at work.
"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.
"This worker had the required training, qualifications and experience to know how to better keep his colleague safe and now has to live with the terrible consequences of not doing so."
