NSW Manufacturer Hit with $450k Fine After Serious Forklift Injury

Steel-Line Garage Doors Australia Pty Ltd has been ordered to pay a $450,000 fine in the Industrial Court of New South Wales following a prosecution brought by SafeWork NSW, after a worker was seriously injured in a forklift incident.

The incident occurred on 10 October 2022, when a worker was struck by a moving forklift, sustaining serious injuries. An investigation by SafeWork NSW identified failures in managing the risks associated with mobile plant operations in the workplace.

The company pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011 (NSW), for failing to comply with its primary duty of care under section 19(1) of the Act to ensure, so far as is reasonably practicable, the health and safety of workers.

The Court found that reasonably practicable control measures to protect workers from the risks of being hit by moving plant were not adequately implemented. The full judgment in relation to Steel-Line Garage Doors Australia Pty Ltd is available on the NSW Caselaw website. The company retains the right to appeal the sentence imposed.

This matter reinforces the need for workplaces to implement robust WHS management systems, supported by clear policies, procedures and Safe Work Method Statements (SWMS) for tasks involving forklifts, mobile plant and fixed machinery. Documented systems such as those available through specialist providers, including WHS management systems and task-specific SWMS, can assist businesses to identify hazards, assess risks and apply effective controls.

SafeWork NSW emphasised that employers and PCBUs must ensure appropriate risk controls are in place when workers are required to operate or work around mobile plant, including segregated traffic routes, exclusion zones, effective communication systems, and supervision to verify compliance with safe work procedures.

SafeWork Commissioner Janet Schorer noted that the risks associated with moving plant and fixed machinery are well known and preventable, and that injuries caused by such hazards remain a regulatory priority for SafeWork NSW across all industries and sectors.

Commissioner Schorer stated that having a clear awareness and assessment of the risks, combined with the implementation of safe systems of work, is critical to reducing the number of incidents involving forklifts, vehicles and other machinery in NSW workplaces.

Workers who hold 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 platform. Business owners, officers and workers can also access guidance material, industry codes of practice and other resources to help manage the risks of working with plant, machinery and equipment on the SafeWork NSW website.

The case serves as a reminder to all PCBUs that failure to implement and maintain effective WHS risk controls, including adequate training, supervision and documented safe systems of work, can result in serious harm to workers and significant legal and financial consequences for organisations.