$120K fine after worker struck by hot bitumen

A road line marking company has been convicted and fined $120,000 in the Industrial Court of NSW Over a 3 February 2023 incident in which hot bitumen discharged from a vehicle-mounted melter struck and seriously injured a worker.

The company plead guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 for failing to comply with its duty to workers under section 19(1) of the Act.

“Working with hot materials and mobile plant carries well-known risks. Employers must identify those risks and ensure the appropriate controls are in place to protect their workers,” SafeWork NSW Commissioner Janet Schorer said.

“Having an awareness and assessment of the risks, along with implementation of safe systems of work, is key to reducing the number of incidents related to moving plant.”

The company has the right to appeal against its sentence. The full judgment can be read here, on the NSW Caselaw website.

Resources to help manage the risks of working with mobile plant and vehicles around road construction projects are available here, on the SafeWork NSW website.

Image credit: iStock.com/blyjak. Stock image used is for illustrative purposes only.