http://www.worksafe.vic.gov.au/wps/wcm/ ... cence+scamProsecution after discovery of forklift ‘licence’ scam
16 February 2007
A woman has been fined $2000 for her involvement in a scheme involving dodgy licenses for people wanting to operate forklifts.
The scam was uncovered as part of an investigation by WorkSafe, with two further people yet to face court on related charges.
Maryann deFrutos, 40 of Brunswick West, was a certified assessor of people who had done forklift training. She was working at Civic Workplace Training, a Footscray West license training and testing business.
During a search of the premises on 17 November 2005 investigators found four completed certificates of assessment in Ms deFrutos‘ possession. All were dated for that day and carried incorrect information.
WorkSafe on Friday told Sunshine Magistrate McIndoe that on 8 September 2005 and 17 November 2005 seven people attended Civic Workplace Training to be assessed for their forklift licence.
The assessments by Ms deFrutos generally took less than 15 minutes and some were estimated to have taken as little as seven minutes. Tests typically take about 50 mintutes.
WorkSafe’s licensing section subsequently refused to issue certificates to approximately 80 other people tested by Ms deFrutos who resigned as a certified assessor on 19 December 2005.
WorkSafe’s Executive Director, John Merritt, said the permit system in place for particular types of equipment was a vital part of ensuring workplaces were as safe as possible.
“WorkSafe’s warning to other assessors, or people seeking a certificate of competency, is that failing to play by the rules has serious legal and safety consequences. We are serious about identifying fraud and will take steps to eliminate it.”
Forklifts are among the most dangerous equipment in Victorian workplaces accounting for more than 500 serious injuries and several deaths each year. Since 1985, 57 deaths have been reported to WorkSafe.
The charges: Laid under the Occupational Health and Safety Act 2004
Section 24 (two counts)
Failure by self employed person to ensure that persons are not exposed to risks to their health and safety arising from the conduct of the undertaking of the self employed person.
Section 153(1)
Give information in complying with the Regulations that the person knows to be false or misleading in a material particular.
Background
Who needs a certificate of competency? Certificates of Competency are currently required for scaffolding and rigging work (including dogging), crane and hoist operation, fork-lift truck operation and pressure equipment operation.
How many certificates are issued each year? In 2006, 36,800 Certificates of Competencyof all types were issued. Of these, 21,300 were for forklifts.
What’s being done to reduce fraud? Along with other states and territories, WorkSafe is proposing changes to its certificate of competency system to include a photo-type identification card with appropriate endorsements for various classes of work. It will be reissued every five years. The new system will take effect gradually over 5 years from 1 July 2007 depending on when current qualifications were obtained. There will be a $45 fee for current certificate holders and $60 per class of work for new applicants. At the time of renewal, applicants will have to make a statement that their skills are current. Public comment on the proposal period ends 28 February.
Forklift deaths 1985 to February 10 2007
Pedestrian crushed by falling loads
17
Pedestrian struck by travelling forklift
7
Pedestrian crushed by manoeuvring forklift
7
Operator crushed by forklift in tip over, rollover
10
Operator crushed by unexpected movement of forklift
7
Fall from forklift fork-arms or load
8
Operator overcome by exhaust fumes
1
TOTAL:
57
by Tiff on Fri Jun 25, 2010 2:56 pm 
