(1) The person with
management or control of an industrial lift truck at a workplace must ensure
that the truck is—
(a)
equipped with lifting attachments that are suitable for the load to be lifted
or moved by the truck; and
(b)
operated in a manner that ensures that the risks to the operator of the truck
and other persons at or near the workplace that arise from systems of work and
the environment in which the truck is used—
(i)
are eliminated so far as is reasonably practicable; or
(ii)
if it is not reasonably practicable to eliminate the
risks, are minimised so far as is reasonably practicable.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(2) The person with
management or control of an industrial lift truck at a workplace must ensure
that the truck is not used to carry a passenger unless—
(a) the
truck is designed to carry a seated passenger; and
(i)
fitted with suitable seat restraints; and
(ii)
located within the zone of protection that is provided by
the operator protective device required to be fitted to the industrial lift
truck.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(3) The person with
management or control of an industrial lift truck at a workplace must take all
reasonable steps to ensure that a passenger in an industrial lift truck is
seated in a seat that complies with subregulation (2)(b).
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
Note—
Regulations 214 and 215 also apply to an industrial lift truck.