Work Health and Safety Legislation, Duties and Licence Obligations
Understanding the legal framework
Forklift operation is governed by work health and safety (WHS) legislation, which imposes a primary duty of care on persons conducting a business or undertaking (PCBU) to ensure health and safety so far as reasonably practicable. Workers also have duties to take reasonable care, comply with instructions, and not adversely affect others. As a forklift operator, you must hold a current high risk work licence (class LF) for the plant you operate; operating without one is an offence. The licence is issued after training and assessment and must be carried or available for inspection at the workplace.
Key obligations
A PCBU must provide information, training, instruction and supervision, and maintain safe plant and systems of work. Operators must follow safe work procedures, use controls provided, report hazards and incidents, and not operate plant if impaired by drugs or alcohol. You must also not carry passengers unless a purpose-designed seat is fitted, and you must not exceed the rated capacity. Questions often test the difference between the PCBU’s duty and the operator’s duty; remember that both are enforceable.
Traps in exam questions
- Confusing “reasonably practicable” with “reasonably comfortable” – it involves weighing likelihood, degree of harm, knowledge, and cost.
- Assuming a licence never expires; LF licences typically require renewal every 5 years.
- Thinking that a competent person can operate without a licence under supervision – no, a licence is mandatory.
- Forgetting that you must report notifiable incidents (death, serious injury, dangerous incident) to the regulator immediately.
Worked example
If a question asks who is responsible for ensuring a forklift is safe to use, the answer is the PCBU, but the operator also has a duty to conduct pre-start checks and report defects. A rule of thumb: if you see a hazard you cannot control, stop work and report it.
Key points
- Hold a current LF licence and carry it at the workplace.
- Follow all reasonable instructions and safe work procedures.
- Report hazards, incidents and defects promptly.
- Never operate under the influence of drugs or alcohol.
- Know that both PCBU and operator have enforceable duties.