Two companies and a director have been convicted and fined a combined $420,000 after a worker suffered serious injuries when an industrial gate overran its vertical supports while closing. The case also resulted in separate due diligence convictions against the director.
The incident occurred on 24 March 2022, when a worker was struck by an industrial gate as it was being closed. SafeWork said the gate overran its vertical supports, causing serious injuries.
One company pleaded guilty to failing to comply with its health and safety duty to workers and was fined $180,000. A related company also pleaded guilty to failing to comply with its duty under the WHS Act and was fined $180,000.
The sole director of both companies at the time pleaded guilty to two offences for failing to exercise due diligence as an officer. He was fined a total of $60,000, bringing the combined penalties imposed by the District Court of NSW to $420,000.
SafeWork Commissioner Janet Schorer said risk controls for moving plant and fixed machinery are well known, and highlighted the importance of identifying and assessing risks and implementing safe systems of work.
SafeWork directs businesses and workers to its resources for managing risks associated with plant, machinery and equipment. The three defendants have the right to appeal against their sentences.
Official source: SafeWork NSW – News & Media Releases