BI Australia fined $400,000 after worker struck by forklift
04 Oct 2025•BlueSafe Team•Source: SafeWork NSW
BI Australia Pty Ltd has been fined $400,000 in the District Court of NSW after a worker was struck by a forklift at a Kingsgrove site. The court found the company had failed to ensure a proper risk assessment was in place before allowing workers on site.
SafeWork NSW prosecuted the Sydney-based company over the incident on 11 February 2022. BI Australia was found guilty of an offence under section 32 of the Work Health and Safety Act 2011.
The company was working as a contractor at the Kingsgrove site, where the worker was employed as a casual forklift operator. When the incident occurred, he was walking through an onsite car park that was also serving as a makeshift storage area.
The worker was approaching a colleague operating a forklift when the moving vehicle struck him. The court found that the company’s failure to ensure a proper risk assessment was in place was inconsistent with a proactive or systematic approach to safety.
BI Australia was convicted of failing to fulfil its duty under section 19(1) of the Act to ensure its workers’ health and safety. The company has the right to appeal the court’s decision.
Injuries involving mobile plant, vehicles and fixed machinery, including forklifts, remain a leading cause of traumatic injuries and deaths in NSW workplaces. SafeWork NSW’s 2025–26 regulatory priorities include the safety of workers operating heavy machinery and those working near mobile plant, vehicles or fixed machinery.
SafeWork Commissioner Janet Schorer said forklifts used daily on construction sites across NSW continue to contribute to workplace deaths and injuries, with substantial human and financial costs for workers, industry and the community. She 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.”
Commissioner Schorer also said SafeWork NSW remained committed to supporting industry and workplaces to keep workers safe. She encouraged businesses whose workers use mobile plant, vehicles or fixed machinery to consult SafeWork NSW’s available guides and resources.
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