WHS Legislation, Duty of Care and Licence Obligations
The legal framework
Order-picking forklift (LO) operation sits inside a general work health and safety (WHS) framework. You must know the primary duty of care: a person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers and others affected by the work. Officers have a due diligence duty; workers have a duty to take reasonable care of themselves and others, follow instructions and report hazards. "Reasonably practicable" weighs likelihood and severity of harm against cost and difficulty of control - cost alone never excuses inaction.
Licensing
An LO licence is a high risk work licence, issued after assessment through an accredited assessor. Key exam traps: the licence is tied to the class of plant, not to a particular machine; it must be carried or made available while working; it expires and must be renewed; and it can be suspended or cancelled for unsafe conduct. Operating without a current licence, or operating outside the class, is an offence for both the operator and the person who directed the work.
Duty of care in practice
Your duty includes pre-start checks, not operating a faulty machine, using the correct load chart, securing loads, keeping pedestrians clear and refusing unsafe work. You must report incidents and near misses. Consultation with workers on WHS matters is a legal requirement, not a courtesy.
Worked rule of thumb
If a task would need you to bypass an interlock, exceed the rated capacity, or lift a person who is not in an approved platform, it is not permitted - stop and escalate. "Reasonably practicable" is the test for controls; "approved equipment" is the test for method.