Two workers employed at a Coca-Cola production facility were charged with operating equipment in a manner that may endanger themselves or others, contrary to section 28(2)(b) of the Occupational Health and Safety Act.
The charges arose from their use of cellphones while operating forklifts in the warehouse area, contrary to company safety policy.
The court found that both defendants held and used cellphones while seated on stationary forklifts in warehouse aisles and rows.
The court interpreted "operating equipment" broadly to include sitting on a stopped and turned-off forklift in an active work area where other workers and equipment were present.
The defendants failed to establish the due diligence defence.
Both were convicted.
