If you are not lifting or lowering a load your forks must be 4" - 6" off the ground, loaded or not. I don't see a load anywhere in the picture that he might have moved and he certainly isn't about to engage a load. That being said, it's obviously not in the US and there may be not be much of a safety environment in the country where this person works. I guess the thing that strikes me is that he looked up and saw what was about to happen and didn't move a muscle or yell to warn the girl. Just as Crusty said, responsibility falls on the operator, often time even more than people in the area. Also mentioned that there might have been an incident even if he had lowered his forks but likely MUCH less sever outcome. A few bumps as she passed over the forks, maybe wiped out but with time to react to the fall. Being horizontal the forks were probably lined up with something beyond the forklift and therefore invisible to the scooter rider. She would likely also have seen them if they were on the ground.