NSW Tree Contractor Fined $70,000 After Worker Hit by Falling Trunk

General Forest Tree Surgeon Pty Ltd has been convicted and fined $70,000 in the Industrial Court of NSW following a prosecution brought by SafeWork NSW over a serious incident involving a falling tree trunk.

The incident occurred on 22 November 2022, when a worker sustained significant injuries after being struck by a section of tree trunk that was being cut down. The event underscores the risks associated with tree felling and the need for robust work health and safety (WHS) controls, including documented Safe Work Method Statements (SWMS) and clear exclusion zones.

The company pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011, relating to its failure to comply with its primary duty of care to workers under section 19(1) of the Act. This duty requires businesses to ensure, so far as is reasonably practicable, the health and safety of workers while they are at work.

The court’s decision highlights that known risk control measures for falling objects—such as well‑defined exclusion zones, effective traffic management, appropriate supervision and adherence to safe work procedures—must be properly implemented and monitored. A comprehensive WHS management system, supported by job‑specific SWMS for high‑risk tasks like tree felling, can help businesses systematically identify hazards and ensure controls are in place. Suitable SWMS templates are available to industry through providers such as BlueSafe.

General Forest Tree Surgeon Pty Ltd retains the right to appeal the sentence. The full judgment can be accessed on the NSW Caselaw website for those seeking detailed information on the court’s reasoning and the identified failures in risk management.

SafeWork NSW encourages any worker with concerns about workplace health and safety to report them, including anonymously, by calling 13 10 50 or via the Speak Up Save Lives online reporting tool. Early reporting of unsafe practices—particularly where there is a risk of falling objects—can prevent serious injuries.

Business owners and workers can access guidance material, industry‑specific advice and risk management tools for tree work and related activities on the SafeWork NSW website. Implementing formal WHS policies, procedures and management plans, such as those available from BlueSafe’s WHS management systems, can assist duty holders to meet their obligations under the WHS legislation.

SafeWork Commissioner Janet Schorer stressed that the controls required to manage falling object risks are well understood across industry and must be embedded into day‑to‑day operations.

“Risk control measures for falling objects such as exclusion zones, traffic management plans and adequate supervision are well known, so businesses have no excuse for not implementing them.”

“SafeWork NSW reminds all businesses of their duty to ensure their workers are protected when working with potential falling hazards.”