NSW Juice Company Fined After Worker Hit by Reversing Forklift

The Real Juice Company Pty Ltd and its sole director, Anthony Taliano, have been convicted and fined a total of $249,600 following a prosecution by SafeWork NSW in the Industrial Court of NSW. The penalties stem from a serious workplace incident in which a worker was struck by a reversing forklift.

The incident occurred on 7 November 2022, when a female worker sustained injuries after being hit by a forklift operating in reverse. At the time, Mr Taliano was the sole director, secretary and shareholder of The Real Juice Company and was responsible for the day-to-day management and control of the business.

The Real Juice Company Pty Ltd 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 to workers under section 19(1) of the Act. The company was fined $240,000 for this breach.

Mr Taliano pleaded guilty to a separate offence under section 32 of the Act, for failing to comply with his due diligence duty as an officer under section 27(1). He was fined $9,600, reflecting his personal responsibility for ensuring the business had effective WHS systems, supervision and controls in place.

In addition to the financial penalties, the Court made an adverse publicity order against The Real Juice Company Pty Ltd. The order requires the company to publish a public notice in the local newspaper, The Area News (Griffith), outlining the incident, the nature of the WHS breaches and the resulting conviction.

The full judgments against The Real Juice Company Pty Ltd and Mr Taliano are available on the NSW Caselaw website. Both the company and its director retain the right to appeal their sentences.

SafeWork NSW has reiterated that workers who are concerned about workplace health and safety conditions can report issues anonymously by calling 13 10 50 or via the Speak Up Save Lives online service. These channels are designed to encourage early reporting of unsafe practices before incidents occur.

SafeWork NSW also provides a wide range of guidance material and tools to help businesses manage risks associated with plant, machinery and equipment. This includes information on safe traffic management, separation of pedestrians and vehicles, and the use of high-risk work procedures such as Safe Work Method Statements (SWMS). Businesses seeking structured WHS support may also benefit from implementing formal WHS management systems and documented policies and procedures, such as those available from specialist providers like BlueSafe Online.

SafeWork Commissioner Janet Schorer emphasised that the hazards linked with mobile plant and fixed machinery are well understood and preventable when appropriate controls are in place. She noted that being struck by moving plant or vehicles, or injured while working with fixed machinery, remains a recurring cause of workplace harm across New South Wales and in multiple industry sectors.

The Commissioner stated that preventing injuries from mobile plant, vehicles and machinery is a key action area in SafeWork NSW's regulatory priorities. She stressed that identifying hazards, conducting thorough risk assessments and implementing safe systems of work are essential to reducing incidents involving moving plant. This includes measures such as designated pedestrian walkways, exclusion zones around operating forklifts, driver training, clear signage, and task-specific SWMS for high-risk activities.

The case serves as a reminder to PCBUs and officers that they must ensure their WHS management systems, policies and procedures are not only documented but effectively implemented, monitored and reviewed. Adequate supervision, training and clear traffic management plans are fundamental to preventing similar forklift-related incidents in Australian workplaces.