NSW firm hit with $800k penalty after fatal mobile plant incident

ANJ Container Services and Bond Stores Pty Ltd has been convicted and fined $800,000 in the District Court of New South Wales following a prosecution by SafeWork NSW over a fatal mobile plant incident.

The case relates to an incident on 21 April 2022 in which a pedestrian sustained fatal injuries after being struck by a reversing reach stacker, a type of mobile plant commonly used to handle shipping containers in freight and logistics operations.

After a defended hearing, the company was found guilty of an offence under section 32 of the Work Health and Safety Act 2011 for failing to comply with its primary duty of care to other persons, as required by section 19(2) of the Act. The Court determined that the business had not adequately managed the risks associated with operating mobile plant in areas accessible to pedestrians.

The District Court judgment against ANJ Container Services and Bond Stores Pty Ltd has been published on the NSW Caselaw website. The company retains the right to appeal both the conviction and the sentence.

SafeWork NSW has reiterated that risk control measures for moving plant and fixed machinery are well established and expected to be implemented in workplaces. The regulator continues to see serious and fatal incidents involving mobile plant and machinery across multiple industries, despite these being widely recognised and preventable hazards.

SafeWork NSW has identified preventing injuries arising from mobile plant, vehicles and fixed machinery as a key focus area within its regulatory priorities. The agency stresses that a thorough awareness and assessment of site-specific hazards, supported by safe systems of work, is essential to minimising the likelihood of similar incidents.

Effective WHS management systems, supported by clear policies, procedures and Safe Work Method Statements (SWMS) for operating mobile plant and managing pedestrian interactions, play a critical role in ensuring compliance and protecting workers and other persons. Businesses can strengthen their approach by implementing structured WHS frameworks such as those available from specialist providers, for example: WHS management systems and plant and equipment SWMS.

Workers who have concerns about health and safety in their workplace can raise issues anonymously with SafeWork NSW by calling 13 10 50 or by using the Speak Up Save Lives online reporting tool. SafeWork NSW also provides guidance material and resources to assist businesses and workers to identify hazards, implement appropriate control measures and review the effectiveness of their WHS policies and procedures over time.