Company fined $400K after worker was struck by a forklift
A Sydney-based company has been fined $400,000 after a worker was struck while approaching a colleague who was operating a forklift.
The incident
The incident occurred on 11 February 2022. BI Australia Pty Ltd had been engaged as a contractor at a site at Kingsgrove where a worker was employed as a casual forklift operator.
The worker was walking in an onsite car park at the time of the incident, which was also being used as a makeshift storage area. While approaching a colleague who was operating a forklift, he was struck by the moving vehicle.
In court
The District Court of NSW found that BI Australia failed to ensure a proper risk assessment was in place before allowing workers on site. This failure was inconsistent with a proactive or systematic approach to safety.
BI Australia was found guilty of a section 32 offence under the Work Health and Safety (WHS) Act NSW 2011 — being convicted of failing to meet its duty to ensure the health and safety of its workers, under section 19(1) of the WHS Act 2011.
The company was fined $400,000, with BI Australia having the right to appeal against the Court’s decision.
Regulator comment
“Forklifts are used in construction sites across NSW daily, yet every year they continue to contribute workplace deaths and injuries that often result in substantial human and financial costs for workers, industry and the community,” SafeWork NSW Commissioner Janet Schorer said.
“Having the Court recognise the risks that contributed to this incident reinforces that safety obligations are not optional and proactive risk management is crucial in keeping workers safe.
“SafeWork NSW remains committed to supporting industry and workplaces in keeping their workers safe and encourages businesses with workers using mobile plant, vehicles or fixed machinery to engage with SafeWork NSW’s available guides and resources to help keep their employees safe.”
SafeWork NSW said it continues to prioritise the safety of workers operating heavy machinery and workers working near or around mobile plant, vehicles or fixed machinery — as listed in its 2025–26 regulatory priorities.
Information from the SafeWork NSW website on how to stay safe while operating a forklift can be found here.
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