NSW Kerbing fined $225,000 after cyclist’s fatal collision
28 Sept 2026•BlueSafe Team•Source: SafeWork NSW
NSW Kerbing Pty Ltd has been convicted and fined $225,000 in the Industrial Court of NSW following a SafeWork NSW prosecution over a fatal electric bicycle collision with a steel road plate.
The incident occurred on 4 July 2023 during stormwater drainage works. A person riding an electric bicycle collided with the unfeathered edge of a steel road plate covering a trench, suffering serious injuries that later proved fatal.
NSW Kerbing pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011. The company failed to comply with its health and safety duty to other persons under section 19(2) of the Act.
The judgment is available on the NSW Caselaw website. NSW Kerbing has the right to appeal its sentence.
Businesses carrying out work in public spaces have an obligation to protect both their workers and other people who may enter the work area. Managing work health and safety risks on sites accessible to the public is an obligation under work health and safety laws.
Workers can raise workplace health and safety concerns anonymously with SafeWork NSW by calling 13 10 50 or using the Speak Up Save Lives website. Resources are also available to help business owners and workers manage risks associated with plant, machinery and equipment.
How Blue Safe can help: Our free SWMS tool can help businesses plan high-risk construction work and document risk controls for relevant tasks, including trenching and work near traffic. Create a free SWMS