$800K fine after pedestrian fatally struck by reversing reach stacker
Following a defended hearing, a company has been convicted and fined $800,000 in the District Court of NSW as a result of a prosecution by SafeWork NSW. It was over an incident that involved a type of mobile plant used for handling shipping containers; on 21 April 2022, a pedestrian was struck by a reversing reach stacker and sustained fatal injuries.
The company was found guilty of an offence pursuant to section 32 of the Work Health and Safety Act 2011 for failing to comply with its health and safety duty to other persons under section 19(2) of the act. The company has the right to appeal against its conviction and sentence.
“Risk control measures for working with moving plant and fixed machinery are well known. Being injured when working with fixed machinery is a preventable hazard we see across our State and across all industries,” said SafeWork NSW Commissioner Janet Schorer.
“Preventing injuries caused by mobile plant, vehicles or fixed machinery is an area for action in SafeWork NSW’s regulatory priorities,” Schorer added. “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 fixed machinery.”
Resources to help business owners and workers manage the risks of working with plant, machinery and equipment is available here, on the SafeWork NSW website.
The judgment against the company is available here, on the NSW Caselaw website.
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