New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 218

218 Industrial lift trucks

(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--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(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

(b) the passenger seat is--

(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--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(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 subclause (2)(b).

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

Note : Clauses 214 and 215 also apply to an industrial lift truck.