Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:218
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 218
Character Range: 319823–321966

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.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (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.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (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 paragraph (2)(b).
Note 1: Regulations 214 and 215 also apply to an industrial lift truck.
Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.