Companies and director fined $420,000 after industrial gate injures worker

SafeWork NSW brought the prosecution against SMB Australia Car Transport Pty Ltd, SMB Australia Car Transport Employment Pty Ltd and director Andrew Mytkowski.

The incident occurred on 24 March 2022. The worker was struck by an industrial gate that overran its vertical supports as it was being closed, causing serious injuries.

SMB Australia Car Transport Employment Pty Ltd pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011. It failed to meet its health and safety duty to workers under section 19(1) and was fined $180,000.

SMB Australia Car Transport Pty Ltd also pleaded guilty to a section 32 offence, involving a failure to comply with its duty under section 21(2) of the Act. The court fined the company $180,000.

Mr Mytkowski was the sole director of both companies when the incident occurred. He pleaded guilty to two offences under section 32 for failing to exercise officer due diligence as required by section 27(1), receiving fines totalling $60,000.

The judgment is available on the NSW Caselaw website. Both companies and Mr Mytkowski can appeal their sentences.

The release notes that controls for risks associated with moving plant and fixed machinery are well known. It identifies risk awareness and assessment, together with safe systems of work, as important in reducing incidents involving fixed machinery.

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 to help business owners and workers manage risks involving plant, machinery and equipment are also available on the SafeWork NSW website.

How Blue Safe can help: Our free WHS self-check can help you review your business’s approach to workplace safety duties and identify areas that need closer attention, including officer due diligence. Take the free WHS self-check