NSW Kerbing Pty Ltd has been convicted and fined $225,000 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 4 July 2023, when a person riding an electric bicycle suffered serious injuries after colliding with the unfeathered edge of a steel road plate being used to cover a trench during the course of stormwater drainage works.
The person died from the injuries sustained in the incident.
NSW Kerbing plead guilty to 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.
NSW Kerbing has the right to appeal against its sentence.
Safety obligation
SafeWork Commissioner Janet Schorer said, ‘Businesses working in public spaces are reminded of their obligation to ensure the safety of not only their workers but others who may also enter the work area.
‘Management of work health and safety risks, including on sites accessible by the general public, is an obligation under work health and safety laws.’
Workers who have concerns about workplace health and safety can anonymously contact SafeWork NSW on 13 10 50 or through the Speak Up Save Lives website at https://speakup.safework.nsw.gov.au.
Business owners and workers can access a range of resources to help manage the risks of working with plant, machinery and equipment on the SafeWork NSW website at https://www.safework.nsw.gov.au/hazards-a-z/machinery-and-equipment.
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