NSW Contractor Fined $225,000 After Fatal Roadwork Cycling Incident
28 Sept 2026•BlueSafe Team•Source: SafeWork NSW
A New South Wales construction company has been fined $225,000 following the death of an e‑bike rider who collided with an inadequately managed road plate at a stormwater drainage worksite. The case underscores the critical importance of robust WHS management systems, safe work method statements (SWMS) and effective risk controls in public work areas.
NSW Kerbing Pty Ltd has been convicted and fined $225,000 in the Industrial Court of New South Wales following a prosecution brought by SafeWork NSW over a fatal roadwork incident involving a member of the public.
The matter arose from an incident on 4 July 2023, when a person riding an electric bicycle suffered serious injuries after colliding with the unfeathered edge of a steel road plate that had been installed to cover a trench during stormwater drainage works. The rider later died as a result of the injuries sustained.
NSW Kerbing Pty Ltd 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 other persons under section 19(2). The court found that the company had not adequately controlled the foreseeable risks associated with the temporary road surface in a public traffic environment.
The judgment against NSW Kerbing Pty Ltd has been published on the NSW Caselaw website. The company retains the right to appeal the sentence imposed by the Industrial Court.
This case highlights the need for businesses undertaking construction and civil works in public spaces to implement and maintain comprehensive WHS management systems and project-specific SWMS that address hazards such as road plates, trenches, and interactions with pedestrians and cyclists. Clearly defined policies, procedures and supervision are essential to ensure that temporary works do not expose road users or the public to unacceptable risk. Suitable documented systems are available to assist duty holders in meeting these obligations, including WHS management systems and policies accessible through providers such as BlueSafe.
SafeWork NSW has reiterated that businesses operating in areas accessible to the general public must ensure the safety not only of their workers, but also of any other persons who may enter or be affected by the work area. This includes the effective management of risks associated with plant, machinery, equipment and temporary traffic arrangements, supported by appropriate SWMS and risk assessments, particularly where vulnerable road users such as cyclists are present.
Workers who have concerns about workplace health and safety can contact SafeWork NSW anonymously on 13 10 50 or via the Speak Up Save Lives online service. Business owners and workers are also encouraged to access the range of guidance materials and resources available to help them identify hazards, implement control measures and continually improve their WHS management practices.