In a landmark ruling, the NSW District Court has imposed a hefty penalty of $400,000 on Sydney-based BI Australia Pty Ltd. This case was following a breach of section 32 under the Work Health and Safety (WHS) Act NSW 2011. The company was prosecuted by SafeWork NSW after a heavy machinery incident on 11th February 2022 resulted in injury to an employee by a forklift.
The mishap took place at Kingsgrove, where BI Australia was contracted. The injured party, fulfilling his duties as a casual forklift operator, was hit by the moving machine while he was on foot in an onsite car park also utilised as makeshift storage.
The Court’s decision highlighted that BI Australia did not adhere to proper risk assessment procedures before allowing workers on site, representing a failure in maintaining a proactive stance towards workplace safety. This violation resulted in the company’s contravention of section 19(1) of the WHS Act 2011 pertaining to worker health and safety assurance.
BI Australia reserves the right to contest the Court’s judgement. Still, this case marks another important example of how imperative it is to embed comprehensive practices such as systematic Work Health and Safety (WHS) Management Systems into operational policies – much like the Bluesafe WHS Management System.
Firms must recognise the critical nature of deploying structured approaches to safety, including implementing proven WHS systems or documents like Bluesafe SWMS (Safe Work Method Statement), particularly when dealing with mobile plant, vehicles or heavy machinery.
SafeWork NSW remains dedicated to enhancing worker safety amidst the escalating incidence of traumatic injuries and fatalities involving heavy machinery like forklifts – a leading cause of workplace accidents in NSW. Fostering safe environments for workers operating heavy machinery and those working in their proximity remains a high-priority concern in its 2025-26 regulatory agenda.
SafeWork Commissioner Janet Schorer underscored the pertinence of maintaining stringent safety standards, stating, “For mobile plant, vehicles or fixed machinery – their regular usage within construction sites across NSW comes with a share of risks. While forklift-related accidents incur significant human and financial costs year after year, SafeWork NSW is committed to minimising these tragedies.”
Schorer continued, “Companies must realise that safety obligations are non-negotiable, and proactive risk management is key to safeguarding their workforce. We encourage firms with workers using such equipment to utilise SafeWork NSW’s guides and resources – ensuring their commitment to health and safety.”
Through this incident, it is clear that all businesses should understand the benefits and utility of comprehensive WHS management systems like Bluesafe WHS Management System and Bluesafe SWMS to ensure worker safety.
Original article link: https://www.safework.nsw.gov.au/news/safework-media-releases/company-fined-$400,000-after-forklift-incident
