Company Issued $70,000 Fine For Fatal Forklift Accident

Newcastle Herald

Thursday April 11, 2002

By SCOTT TUCKER

A BRISBANE company has been fined $70,000 for a forklift accident which crushed an elderly man to death in Newcastle five years ago.

MIM Transport Pty Ltd was prosecuted by WorkCover in the Industrial Relations Commission after 74-year-old Wasyl Sabal was killed on August 22, 1997.

The road freight company was in the process of closing its Sandgate factory in Old Maitland Rd when Mr Sabal was struck and crushed under a forklift.

Mr Sabal was at the plant helping his son-in-law Graham Harrison, an MIM operations manager, pack items for transport.

Mr Harrison told the IRC Mr Sabal was retired and bored at home, so he had invited him along to lend a hand without the knowledge or permission of his senior management.

The forklift was being driven by a third man, Peter Lyon, who did not hold a forklift operating certificate.

Mr Sabal was trapped under the rear wheels of the forklift and had to be released by a police rescue crew.

He was transported to John Hunter Hospital, but died from his injuries.

MIM Transport Pty Ltd was accused of breaching the Occupational Health and Safety Act by failing to ensure the safety of Mr Sabal and not securing the forklift.