Frequently Asked Questions
Answer 9: Once certified who is liable in the case of an accident?
This would depend on the circumstances of the incident but generally, once operators are certified to the Approved Code of Practice, the onus is on the driver to operate the forklift safely using correct procedures. If there is an accident and it's proven to be the forklift operator's fault, then it could be the operator, not the employer, who is liable for prosecution. The operator may therefore be personally liable for any subsequent fine. This is an added incentive to operate a forklift safely.