A worker could be jailed for up to five years, after being charged with recklessly endangering a colleague who was killed by a toppling forklift load. Meanwhile, a safety regulator has issued a special warning to "pranksters", after five workers sustained burns in a gas explosion.

The forklift incident was one of two concerningly similar forklift fatalities that occurred in Victoria in October 2021.

As reported by OHS Alert late last year, the other fatality, which happened at a Somerton factory, attracted the first ever charge under Victoria's new workplace manslaughter laws (see related article).

In the Somerton incident, the 45-year-old director of a stonemasonry business was operating a loaded forklift on a sloping driveway when the vehicle tipped over and landed on a 25-year-old subcontractor, causing fatal crush injuries to the pedestrian worker.

The director was charged under section 39G ("Workplace manslaughter") of the State Occupational Health and Safety Act 2004, and faced a maximum penalty of 25 years' imprisonment.

The other forklift fatality occurred at a Corio warehouse.

A 52-year-old maintenance fitter, from Whittington, was allegedly operating a forklift bearing an unsecured load near a colleague in the warehouse when the load tipped and fatally crushed the colleague.

On Friday, WorkSafe Victoria revealed that it had charged the fitter with breaching section 32 ("Duty not to recklessly endanger persons at workplaces") of the OHS Act, in recklessly engaging in conduct that placed another person at a workplace in danger of serious injury.

WorkSafe also charged the man with contravening section 25 ("Duties of employees"), in failing to take reasonable care for the health and safety of persons who might be affected by his acts or omissions at a workplace.

If found guilty under section 32, the fitter will face maximum penalties of five years' jail and 1,800 penalty units, equating to just under $330,000 at the time of the incident.

He could also be fined up to 1,800 penalty units under the section-25 charge.

The matter is listed for a filing hearing in the Geelong Magistrates Court tomorrow.

The gas explosion occurred at a construction site in Auckland, New Zealand in August last year.

WorkSafe New Zealand revealed last week that its investigation into the explosion found it was a "workplace prank gone wrong".

It said a barbecue gas bottle was mistakenly left running overnight in a shipping container at the site. The next morning, five workers from a subcontracting company opened the container and smelled the gas.

One of the workers joked about igniting his lighter, and then proceeded to do so, causing the gas to catch fire and explode, burning all five workers.

The prankster deeply regretted his actions, WorkSafe area investigation manager Paul Budd noted.

The regulator, he said, immediately took certain enforcement actions after identifying issues relating to gas bottle storage and worker training, and the subcontracting company responded by introducing a barbecue permit procedure and prohibiting the storage of gas cylinders or gas bottles inside shipping containers.

"Being safe at work is a responsibility shared by both the employer and the employee and no one should be harmed because of a prank or joke gone wrong," Budd said.

"Our message is not about banning barbecues or restricting workplace socialising, but about keeping health and safety in mind whether you're on the clock or taking a break together," he said.

WorkSafe energy safety technical officer Paul Stannard said that in the lead up to a number of gas-related incidents in the past few years, people "have smelled gas but may not have recognised it as a warning sign".

"If you smell gas anywhere, take it seriously," Stannard said, adding that people should respond by: not using flames or mobile phones; not turning on electrical appliances; leaving the area; and calling the applicable gas supplier or emergency services.

Source: OHSAlert