WorkSafe considers that the worker breached the Health and Safety at Work Act 2015 (HSWA) by failing to take reasonable care that their acts or omissions did not adversely affect the health and safety of others. WorkSafe also considers that the worker failed to comply with reasonable instructions given by others, and failed to cooperate with reasonable health and safety policies or procedures of which they had been notified. In particular:

• At the time of the incident the worker was employed as a supervisor and was responsible for overseeing the work at the site. Their role did not require them to operate the forklift.
• On 13 June 2025, the worker operated the forklift at the site without the required certification and in an unsafe manner by driving forward with an obstructed view, contrary to instructions, procedures and relevant industry guidance and standards.
• By operating the forklift with an obstructed view, the worker failed to see the victim and struck him with the forklift, causing him serious injury.
• The worker accepted responsibility for their actions.