Manufacturer fined after 200 kg gate falls on mother and three children

The sole director of a company that manufactured, supplied and installed a 200 kg sliding gate at a NSW property has been convicted and fined $50,000 after an incident on 2 September 2022 when it overran its supports and fell onto a woman and her three young children as they were walking along a road.

Convicted and fined in the Industrial Court of New South Wales, as a result of a prosecution by SafeWork NSW, the sole director pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 — for failing to comply with his duty under section 27(1) of the Act to exercise due diligence and ensure that the company complied with its health and safety duty under the Act.

“Duty holders must ensure that every structure they design, manufacture and install is safe and fit for purpose,” SafeWork NSW Commissioner Janet Schorer said. “This incident serves as a stark reminder that failing to meet safety obligations can have real and lasting consequences not just for duty holders, businesses and workers, but for communities and families.”

The sole director has the right to appeal against his sentence. You can read the full judgement against the defendant here, on the NSW Caselaw website.

In a related proceeding against another company, the court imposed a fine of $180,000, which was in relation to an offence arising from the same incident.

Workers who have concerns about workplace health and safety can anonymously contact SafeWork on 13 10 50 or through the Speak Up Save Lives website, SafeWork NSW advised.

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