NSW Firm Fined $212,500 After Worker Hit by Falling Metal Debris
31 July 2026•BlueSafe Team•Source: SafeWork NSW
A NSW District Court has fined Fenner Dunlop Australia Pty Ltd $212,500 following a serious workplace incident in which a worker was struck by falling metal debris from fixed plant. The case underscores the critical importance of robust WHS management systems and safe work procedures when working with conveyors and other machinery.
Fenner Dunlop Australia Pty Ltd has been convicted and fined $212,500 in the District Court of New South Wales following a prosecution by SafeWork NSW over a serious workplace incident involving fixed machinery.
The case arose from an incident on 13 February 2022, when a worker was seriously injured after being struck by metal debris while performing work on a bucket elevator conveyor. The impact caused significant injuries and highlighted deficiencies in the way risks associated with plant and equipment were being managed at the workplace.
Fenner Dunlop Australia pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011, for failing to comply with its primary duty of care to workers as required by section 19(1) of the Act. The Court found that the company had not adequately controlled known risks associated with working on and around moving and fixed plant.
The full judgment and sentencing remarks are available on the NSW Caselaw website. Fenner Dunlop Australia retains the right to appeal the sentence imposed by the Court.
SafeWork NSW has reiterated that effective risk management for plant, machinery and equipment is well established and expected across all industries. Appropriate hazard identification, risk assessments, Safe Work Method Statements (SWMS) and documented WHS management systems are critical to preventing similar incidents. Resources to assist businesses in developing and implementing WHS policies and procedures are available online, including industry-specific templates and guidance materials. For example, organisations may consider structured WHS management systems such as those offered at BlueSafe WHS Management Systems to support compliance and safer work practices.
SafeWork NSW noted that injuries involving fixed machinery, mobile plant and vehicles remain a recurring and preventable hazard across the State. Ensuring guarding, isolation procedures, maintenance protocols and safe systems of work are properly planned, documented and implemented is essential in controlling these risks.
Preventing incidents associated with mobile plant, vehicles and fixed machinery is a key focus area within SafeWork NSW's regulatory priorities. The regulator continues to emphasise that awareness of hazards, thorough risk assessment and the implementation of clearly defined safe systems of work are central to reducing the frequency and severity of workplace injuries involving plant.
Workers who have concerns about health and safety in their workplace can raise issues anonymously with SafeWork NSW by calling 13 10 50 or via the Speak Up Save Lives online reporting platform. Business owners, PCBUs and workers can also access a range of guidance material, tools and practical resources on the SafeWork NSW website to help them meet their obligations under WHS legislation and improve their internal WHS policies, procedures and SWMS.