Systems and Procedures prevent employer prosecution, but employee fined for not following safety requirements.

5th May 2009

An employee has been fined and ordered to undertake a formal assessment of his competence to operate a forklift following an incident in which a visiting stock controller was fatally injured in a fall at Paskeville in 2006.

Sixty six year old Geoffrey Ronald Poole was fined $5,600 in the SA Industrial Relations Court after pleading guilty to breaches of the Occupational Health Safety and Welfare Act 1986, requiring an employee to take reasonable care to avoid adversely affecting the health or safety of any other person at a workplace.

SafeWork SA prosecuted the loader operator after investigating an incident at Paskeville in November 2006, in which a visiting stock controller, 33 year old Dong (Gavin) Wang was fatally injured in a fall from the raised tines of a forklift operated by Mr. Poole.

During a stocktake of haybales in a shed, Mr. Poole was assisting Mr. Wang, who asked to be raised to the top of a large stack. In contravention of both the written and verbal instructions of his employer, SP Hay Pty Ltd not to carry anyone aloft in anything but a personnel box, Mr. Poole lifted Mr. Wang to a height of 5.8 metres at the end of his Manitou telescopic loader, from where he fell.


Mr. Wang suffered extensive injuries in the fall, and went into cardiac arrest shortly afterwards, with paramedics unable to revive him. He was married with a 9-week old son at the time.

The employer owned two personnel boxes to be used in such tasks, with at least one available on the day.

Mr. Poole disregarded his forklift training, his employer’s instructions and no doubt his own better judgement. Mr. Poole’s reckless actions were inconsistent with those of a mature and highly experienced worker.

Mr. Poole was ordered to undertake a formal assessment of his competency to operate powered loaders.

A workplace safety system can only be effective when employees are committed and diligent in following it.

EQAS can assist in further development of OHS Management Systems to ensure the risk of workplace incidents is minimised.