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Court Summary - at a glance
- Ensure only electric forklifts are provided and used when employees or other persons are carrying out any loading or unloading operations in confined areas such as chillers;
- Ensure employees and other persons on site are aware of the hazards of using LPG/petrol/diesel powered forklifts in confined areas such as chillers; and
- Ensure signage is in place alerting employees and other persons not to operate LPG/petrol/diesel forklifts in confined areas such as chillers.
The Defendant leases their facilities to other companies to store products. The victim was an employee of an apple distribution company who had leased a chiller from the Defendant during the apple season. On the day of the incident, the victim had been working in a chiller using one of the forklifts.
The victim was later found on the chiller floor unconscious, he remained for several house and spent two days in hospital having suffered carbon monoxide poisoning.
Employees of the Defendant were also at risk of potential harm.
• Sections 6 and 50(1)(a) of the Health and Safety in Employment Act 1992