2022
Brief summaries of SafeWork NSW prosecutions where there has been a finding of guilt and a conviction for 2022.
December 2022
Autocare Services Pty Ltd
16 December 2022
On 15 May 2019 a worker sustained fatal injuries when a deck on the trailer descended and crushed him at Kirrawee.
After a SafeWork NSW investigation the defendant, Autocare Services Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 16 December 2022, the defendant was convicted by the District Court and fined $450,000.
BSA Advanced Property Solutions (Fire) Pty Ltd
16 December 2022
On 29 November 2019, a 49 year old fire system installer sustained fatal injuries when he uncapped a pressurised water pipe resulting in the test cap on the end of the pipe ejecting with considerable force striking him in the head, at Sydney.
After a SafeWork NSW investigation the defendant, BSA Advanced Property Solutions (Fire) Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 16 December 2022, the defendant was convicted by the District Court and fined $450,000.
Cincram Group Pty Ltd
9 December 2022
On 20 November 2019, a worker was seriously injured whilst unpacking pallets of copper cable inside an elevated shipping container when the top pallet weighing approximately 500kg fell on him and he fell 1.5 metres to the ground, at Newington.
After a SafeWork NSW investigation, the defendant, Cincram Group Pty Ltd was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 9 December 2022, the defendant was convicted by the District Court and fined $375,000
Roadworx Surfacing Pty Ltd
9 December 2022
On 19 August 2019 a 28 year old worker sustained serious injuries with severe burns to his face, neck and ears from a fire and/or explosion occuring out of a road crack sealing machine at Jambaroo.
After a SafeWork NSW investigation the defendant, RoadWorx Surfacing Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 9 December 2022, the defendant was convicted by the District Court and fined $340,000.
Tyne ACFS Pty Ltd
7 December 2022
On 25 September 2019, a 67 year old male sustained fatal injuries when he was caught between two shipping containers, at Eastwood.
After a SafeWork NSW investigation, the defendant, Tyne ACFS Pty Ltd was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 7 December 2022, the defendant was convicted by the District Court and fined $300,000.
November 2022
Synergy Scaffolding Services
25 November 2022
On 1 April 2019, a worker was fatally injured, and another worker sustained serious injury when a large section of scaffold collapsed on top of them at a construction project in Macquarie Park.
After a SafeWork NSW investigation, the defendant, Synergy Scaffolding Services Pty Ltd, was charged with a breach of section 31/19(2) of the Work Health and Safety Act 2011.
On 25 November 2022, the defendant was convicted by the District Court and fined $2,000,000.
MMP Industrial Pty Ltd
24 November 2022
On 14 August 2019, a 58 year old worker sustained serious crush injuries to three fingers on her right hand while operating and setting up an unguarded machine, at Mulgrave
After a SafeWork NSW investigation, the defendant, MMP Industrial Pty Ltd was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 24 November 2022, the defendant was convicted by the District Court and fined $262,500.
Moustafa Nahle
23 November 2022
On 12 March 2021, a SafeWork Inspector Andrew Komisarczuk was threatened by a worker while he was undertaking his duties at Caddens.
After a SafeWork NSW investigation, the defendant, Moustafa Nahle was charged with a breach of section 190 of the Work Health Safety Act 2011.
On 23 November 2022, the defendant was convicted in his absence by the Downing Centre Local Court and fined $25,000
SLD Projects Pty Ltd
18 November 2022
On 12 September 2019, a worker was injured when he fell approximately 3 metres from the roof of a house under renovation whilst removing roof battens at Forestville.
After a SafeWork NSW investigation, the defendant, SLD Projects Pty Ltd was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 18 November 2022, the defendant was convicted by the District Court and fined $180,000.
Urban Field Group Pty Ltd
18 November 2022
On 28 August 2019, a 50-year old painter sustained serious head injuries after falling from a ladder at Pendle Hill, while preparing concrete balcony soffits, ceilings and walls for painting using an angle grinder. On 4 September 2019 he died of his injuries.
After a SafeWork NSW investigation, the defendant, Urban Field Group Pty Ltd was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 18 November 2022, the defendant was convicted by the District Court and fined $400,000.
Leda Form Group Pty Ltd
3 November 2022
On 21 August 2019, a 30 year old formwork labourer sustained fatal injuries when he fell approximately 5 floors through a ventilation shaft on a construction site, at Jordan Springs.
After a SafeWork NSW investigation, the defendant, Leda Form Group Pty Ltd was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 3 November 2022, the defendant was convicted by the District Court and fined $450,000.
LJW Solar Pty Ltd
2 November 2022
On 7 January 2020, a 19 year old electrical apprentice sustained serious injury when he fell approximately 3.5 metres from the roof where he was assisting in installing a solar panel, at Schofields.
After a SafeWork NSW investigation, the defendant, LJW Solar Pty Ltd was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 2 November 2022, the defendant was convicted by the District Court and fined $600,000.
October 2022
Greater Civil Pty Ltd
20 October 2022
Two workers without fall protection fell approximately 4 meters from an excavation bucket to a concrete slab at Vinyard. One of the workers was seriously injured.
After a SafeWork NSW investigation, the defendant,Greater Civil Pty Ltd was charged with breaches of section 32/19(1) and section 38 of the Work Health Safety Act 2011.
On 20 October 2022, the defendant was convicted by the District Court and fined $600,000 for the offence under section 19(1) and $18,750 for the offence under section 38 of the Act.
Technical Works Pty Ltd
7 October 2022
On 15 May 2019, a tower crane crew were moving a load of formwork timbers, which weighed approximately 700 kg to a work zone in front of a construction site at Kiama. The load fell approximately 12 meters to the ground, ricocheted and struck a truck driver, who was working in the workzone.
After a SafeWork NSW investigation, the defendant Technical Works Pty Ltd, was charged with breach of section 32/19(1) and 32/19(2) of the Work Health and Safety Act 2011.
On 7 October 2022, the defendant was convicted by the District Court and fined $150,000 for the offence under section 19(1) and $15,000 for the offence under section 19(2) of the WHS Act.
Nigel Bennett
7 October 2022
On 25 October 2018, a worker suffered electric shock when a crane mast came into contact with HV overhead lines, at Moss Vale.
After a SafeWork NSW investigation, the defendant, Nigel Bennett, was charged with a breach of section 32/19(1) and 32/19(2) of the Work Health and Safety Act 2011.
The defendant was convicted by the District Court and, on 7 October 2022, fined $2,500 for the offence under section 19(1) and $12,500 for the offence under section 19(2) of the Act.
Solar Power Nation Pty Ltd
5 October 2022
On 1 December 2021, a site inspection by SafeWork NSW found two workers placed at risk of falling 5 metres and 2.4 metres while installing a residential roof top solar system on a double storey home at North Ryde.
After a SafWork NSW investigation the defendant, Solar Power Nation Pty Ltd was charged with a breach of clause 79(2) and clause 299(1) of the Work Health and Safety Regulation 2017.
On 5 October 2022, the defendant was convicted by the Local Court and fined $7,000 for each offence.
September 2022
Empire Contracting Pty Ltd
30 September 2022
On 9 January 2020, a labourer sustained fatal injuries when he was removing batons from a roof. While attempting to access the ladder he stepped on fragile material and fell through the structure, falling 2.5 metres onto concrete, at Wollongong.
After a SafeWork NSW investigation, the defendant, Empire Contracting Pty Ltd was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 30 September 2022, the defendant was convicted by the District Court and fined $300,000.30/10/202230/09/2025
KML Auto Electrics Pty Ltd
30 September 2022
On 15 January 2020, an 18 year old first year apprentice sustained fatal injuries when the cabin of a truck fell upon him, at Brocklehurst.
After a SafeWork NSW investigation, the defendant,KML Auto Electrics Pty Ltd was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 30 September 2022, the defendant was convicted by the District Court and fined $375,000.
Excellent Financial Services Pty Ltd
26 September 2022
On 4 August 2020, SafeWork NSW conducted a site inspection at premises of Excellent Financial Services Pty Ltd (“Excellent”) in Eastwood. An improvement notice was issued in relation to inspection and tagging of portable fire extinguishers. The improvement notice was not complied with and Excellent was subsequently charged with failing to comply with an improvement notice under s. 193 of the Work Health Safety Act 2011 (the Act).
On 15 October 2020, SafeWork conducted a site inspection at Excellent’s Eastwood premises and an improvement notice was issued in relation to requirement to notify SafeWork of Schedule 11 chemicals that exceed the manifest quantity. The improvement notice was not complied with and Excellent was subsequently charged with failing to comply with an improvement notice under s. 193 of the Act.
On 11 September 2020, SafeWork conducted a site inspection at Excellent’s Alexandria premises. Excellent was issued with an improvement notice in relation to fire extinguisher inspection and testing. The improvement notice was not complied with. Excellent was subsequently charged with failing to comply with an improvement notice under s. 193 of the Act.
On 26 September 2022, the defendant was convicted by the Local Court on two of the section 193 offences and fined $4500 for each offence. The third section 193 offence was taken into consideration by the court on a Form 1 pursuant to s. 32 of the Crimes (Sentencing Procedure) Act 1999.
SY Electrical Pty Ltd
21 September 2022
On 1 December 2021, a site inspection by SafeWork NSW found two workers placed at risk of falling 5 metres and 2.4 metres while installing a residential roof top solar system on a double storey home at North Ryde.
After a SafeWork NSW investigation the defendant, SY Electrical Pty Ltd was charged with a breach of clause 79(2) and clause 299(1) of the Work Health and Safety Regulation 2017.
On 21 September 2022, the defendant was convicted by the Local Court and fined $8,000 for each offence.
ACN 158 085 217 Pty Ltd (previously known as Territory Transport Pty Ltd)
21 September 2022
On 5 November 2019, a worker sustained fatal injuries after being struck on the head by a hydraulic powered ramp of a trailer while unloading two vehicles, at Ingleburn.
After a SafeWork NSW investigation, the defendant, ACN 158 085 217 Pty Ltd was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 21 September 2022, the defendant was convicted by District Court and fined $360,000.
Riverwall Constructions Pty Ltd
14 September 2022
On 11 February 2019, a worker was fatally injured from electric shock when he came into contact with a nearby overhead powerline while removing a 6 metres metal roof rail fall protection, at Moorebank.
After a SafeWork NSW investigation, the defendant, Riverwall Constructions Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 14 September 2022, the defendant was convicted by the District Court, fined $600,000, and ordered to undertake a health and safety project pursuant to section 238 of the Act within six month of the date of the orders.
Advanced Roofing Sydney Pty Ltd
14 September 2022
On 9 July 2019, a worker fell through an open penetration, approximately 8.42 metres to the round below, while installing new roof sheets at St Joseph’s College in Hunter’s Hill.
After a SafeWork NSW investigation, the defendant, Advanced Roofing Sydney Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 14 September 2022, the defendant was convicted by the District Court, fined $150,000, ordered to undertake a work health and safety project pursuant to section 238 of the Act, and arrange Certificate IV training in Work Health and Safety pursuant to section 241 of the Act.14/10/202214/09/2025
August 2022
HMO Electromasters Pty Ltd
29 August 2022
On 15 November 2021, an electrical supervisor and two apprentices were placed at risk of falling 7 metres to the ground of a multi storey construction building in Newcastle while installing a power cable for the tower crane.
After a SafeWork NSW investigation, the defendant, HMO Electromasters Pty Ltd, was charged with a breach of clause 39(2) and 299(1) of the Work Health and Safety Regulation 2017.
On 29 August 2022, the defendant was convicted by the Local Court and fined $10,000 for each offence.
Solveco Pty Ltd
12 August 2022
On 31 July 2017, a worker suffered serious burns when there was an explosion near a waste shredder being used to shred aerosol cans, at St Marys.
After a SafeWork NSW investigation, the defendant, Solveco Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 9 August 2022, the defendant was convicted by the District Court and fined $210,000.
Drew Charles McLauchlan
9 August 2022
On 20 April 2020, a worker suffered serious injuries when his leg was caught in an auger of a silo at Goolgowi
After a SafeWork NSW investigation, the defendant, Drew McLauchlan, was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 9 August 2022, the defendant was convicted by the Local Court and fined $50,000.
Tunny Pty Ltd and Aidan Waring
3 August 2022
On 15 June 2019, a worker sustained injuries when the tray of a flatbed truck, being lifted by a wheel loader, struck him while he was adjusting the chain slings, at Lake Munmorah.
After a SafeWork NSW investigation, the corporate defendant, Tunny Pty Ltd, and the director, Aidan Waring, were respectively charged with breaches of section 32/19(1) and 32/27(1) of the Work Health Safety Act 2011.
On 3 August 2022, the defendants were convicted and fined by the District Court. The corporate defendant was fined $120,000, and the director was fined $30,000.
July 2022
Vitonga Pty Ltd
26 July 2022
On 5 January 2017, two workers were trapped by a trench collapse whilst laying concrete irrigation pipes into trenches dug by an excavator to extend an airstrip, at Moree.
After a SafeWork NSW investigation, the defendant, Vitonga Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 26 July 2022, the defendant was convicted by the Local Court and fined $40,000.
AST Services Pty Ltd
26 July 2022
On 6 December 2019, a truck driver sustained serious injuries when a bundle of steel pipes rolled from a trailer and struck him, r at Newcastle.
After a SafeWork NSW investigation, the defendant, AST Services Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 26 July 2022, the defendant was convicted by the District Court and fined $210,000.
PCW Constructions Pty Ltd and Peter James Woodhouse
25 July 2022
On 13 June 2020, an apprentice carpenter sustained serious injuries when he fell approximately 6.5 metres through a skylight while removing roof sheets of a manufacturing premises in Molong.
After a SafeWork NSW investigation, the corporate defendant, PCW Constructions Pty Ltd, and the director, Peter Woodhouse, were respectively charged with breaches of section 32/19(1) and 32/27(1) of the Work Health and Safety Act 2011.
On 25 July 2022, the defendants were convicted and fined by the District Court. The corporate defendant was fined $90,000 and the director was fined $30,000.
Aussie Skips Recycling Pty Ltd and Emmanuel Roussakis
21 July 2022
On 24 May 2018, a waste picker sustained fatal injuries when he was run over by a reversing front end loader, at South Strathfield.
After a SafeWork NSW investigation, the corporate defendant, Aussie Skips Recycling Pty Ltd, and the director, Emmanuel Roussakis, were respectively charged with breaches of section 32/19(1) and 32/27(1) of the Work Health Safety Act 2011.
On 21 July 2022, the defendants were convicted and fined by the District Court. The corporate defendant was fined $525,000 and the director was fined $60,000.
Mondiale VGL Pty Ltd
21 July 2022
On 29 November 2018, a rigid vehicle operator suffered fatal injuries when he was crushed by a reversing reach stacker.
After a SafeWork NSW investigation, the defendant, Mondiale VGL Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 21 July 2022, the defendant was convicted by the District Court and fined $375,000.
Perry’s Roofing Pty Ltd
14 July 2022
On 11 February 2019, a worker was fatally injured from electric shock when he came into contact with a nearby overhead powerlines while removing a metal roof rail , at Moorebank.
After a SafeWork NSW investigation, the defendant, Perry’s Roofing Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 14 July 2022, the defendant was convicted by the District Court and fined $450,000.
Perry's Roofing Pty Ltd
14 July 2022
On 28 February 2019, two workers suffered injuries when they fell approximately 4 metres through a roof while removing asbestos roof sheeting from the roof of industrial building at Moorebank.
After a SafeWork NSW investigation, the defendant, Perry’s Roofing Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 14 July 2022, the defendant was convicted by the District Court and fined $150,000.
June 2022
Australia Softwood Pty Ltd
30 June 2022
On 22 July 2019, a truck driver assisting with loading a truck with packs of timber suffered fatal injury when the timber batons rolled from the truck and struck him, at Raglan.
After a SafeWork NSW investigation, the defendant, Australian Softwood Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 30 June 2022, the defendant was convicted by the District Court and fined $262,500.
Arkwood (Gloucester) Pty Ltd
10 June 2022
On 25 October 2018, two workers suffered electric shock when a crane mast came into contact with, or close proximity to, overhead power lines, at Moss Vale.
After a SafeWork NSW investigation, the defendant, Arkwood (Gloucester) Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 10 June 2022, the defendant was convicted by the District Court and fined $150,000.
Millennium Form Pty Ltd
8 June 2022
On 11 November 2019, SafeWork NSW attended a construction site in Cromer for the purposes of conducting a workplace inspection and found risk of falls from height.
The defendant, Millennium Form Pty Ltd, was charged with a breach of clause 79(2) of the Work Health and Safety Regulation 2017.
On 8 June 2022, the defendant was convicted by the Local Court and fined $3,000.
M T Build Pty Ltd
8 June 2022
On 30 May 2019, a 20 storey residential and commercial building under construction, was inspected by SafeWork NSW and safety hazards were observed,including inadequate edge protection, inadequately protected penetrations, falling objects, inadequate housekeeping and electrical hazards. On 12 June 2019 SafeWork NSW returned to the site and identified five electrical items that had not been inspected and tested by a competent person.
After a SafeWork NSW investigation, the defendant, M T Build Pty Ltd, was charged with five counts of breach of section 33/20(2) of the Work Health and Safety Act 2011 and a breach under clause 150(1) of the Work Health and Safety Regulation 2017.
On 8 June 2022, the defendant was convicted by the Local Court and fined $50,000 in total for four offences under section 33/20(2) of the Act and $6,000 under clause 150(1) of the Regulation.
One offence under section 33/20(2) was taken into account on sentence via a Form 1.
BlueScope Steel (AIS) Pty Ltd
7 June 2022
On 13 November 2018, aworker sustained serious injury as a result of falling approximately 6 metres through an open void at steelworks , at Port Kembla.
After a SafeWork NSW investigation, the defendant, BlueScope Steel (AIS) Pty Ltd was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 7 June 2022, the defendant was convicted by the District Court and fined $300,000.
Dominion Global Pty Ltd
7 June 2022
On 13 November 2018, a worker fell approximately 6 metres through an open void at Steelworks, at Port Kembla.
After a SafeWork NSW investigation, the defendant, Dominion Global Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 7 June 2022, the defendant was convicted by the District Court and fined $300,000.
Deicorp Pty Ltd
7 June 2022
On 16 January 2019, a worker fell approximately 4.5 metres through an unprotected penetration to the concrete floor below, resulting in serious injury, at Auburn.
After a SafeWork NSW investigation, the defendant, Deicorp Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 7 June 2022, the defendant was convicted by the District Court and fined $400,000.
Elcorp Commercial Pty Ltd and Salvatore Treffiletti
7 June 2022
On 7 February 2019, a truck driver suffered serious injuries when he climbed onto a pile of formwork screens to direct the movement of the screens by a tower crane when he fell between the stacks, at Smeaton Grange.
After a SafeWork NSW investigation, Elcorp Commercial Pty Ltd and director, Salvatore Treffiletti were respectively charged with breaches of section 32/19(1) and 32/27(1) of the Work Health Safety Act 2011.
On 7 June 2022, the defendants were convicted and fined by the District Court. The corporate defendant was fined $300,000 and the director $22,500.
Akkari Group Pty Ltd
7 June 2022
On 23 May 2018, a piling rigger sustained injury when an excavated wall collapsed on him, at a construction site at Gosford.
After a SafeWork NSW investigation, the defendant, Akkari Group Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 7 June 2022, the defendant was convicted by the District Court and fined $300,000.
May 2022
Aaron Piergrosse
25 May 2022
On 30 January 2019, a trainee arborist sustained fatal injuries when he fell approximately 8 metres from a tree, and sections of a branch landed on him, at Albury.
After a SafeWork NSW investigation, the defendant, Aaron Piergrosse, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 25 May 2022, the defendant was convicted by the District Court and fined $60,000.
Form Group NSW Pty Ltd
25 May 2022
On 16 January 2019, a worker fell approximately 4.5 metres through an unprotected penetration to the concrete floor below, resulting in serious injury, at Auburn.
After a SafeWork NSW investigation, the defendant, Form Group NSW Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 25 May 2022, the defendant was convicted by the District Court and fined $75,000.
Trend Construction Group Pty Ltd
25 May 2022
On 2 November 2019, an inspection at a construction site in Cromer was conducted and prohibition notice for lack of fall protection controls were issued by SafeWork NSW. Further site inspections were conducted on 11 and 15 November 2019 and a risk of falls from height was observed.
The defendant, Trend Construction Group Pty Ltd, was charged with a breach of section 197 of the Work Health and Safety Act 2011 and two counts under clause 79(2) of the Work Health and Safety Regulation 2017.
On 25 May 2022, the defendant was convicted by the Local Court and fined $10,000 under section 197 of the Act and $4,500 in total for the two offences under clause 79(2) of the Regulation.
Carricks Plumbing and Gasfitting Pty Ltd
25 May 2022
On 18 March 2019, a worker was carrying roof sheets across the roof when he tripped and fell approximately 6.5 metres through a skylight onto an internal stair landing, at Port Macquarie.
After a SafeWork NSW investigation, the defendant, Carrick's Plumbing and Gasfitting Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 25 May 2022, the defendant was convicted by the District Court and fined $135,000.
April 2022
Jet Express Plumbing Maintenance Pty Ltd
6 April 2022
On 15 December 2020, a penalty notice was issued after an inspection of the Strathfield premises found the defendant failed to maintain a safe system of work to provide adequate protection against the risk of fall.
The defendant, Jet Express Plumbing Maintenance Pty Ltd, elected to have the matter determined by the Local Court and was charged with a breach of clause 79(2) of the Work Health and Safety Regulation 2017.
On 6 April 2022, the defendant was convicted by the Local Court and fined $3,000.
Go Go Petroleum Pty Ltd
4 April 2022
On 27 February 2018, a worker suffered injury when a tank at a service station exploded due to excess pressure being applied to an air compressor to test the fuel system, at Wagga Wagga.
After a SafeWork NSW investigation, the defendant, Go Go Petroleum Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 4 April 2022, the defendant was convicted by the District Court and fined $125,000.
March 2022
Saiyu Constructions Pty Ltd
7 March 2022
On 27 January 2021, SafeWork NSW issued the defendant with three notices for the lack of fall prevention measures following an inspection of their construction site at Kiama.
The notices were contravened when work was continued before the notices were complied with.
The defendant, Saiyu Constructions Pty Ltd, was charged with a breach of section 197 and 2 counts of section 193 of the Work Health and Safety Act 2011.
On 7 March 2022, the defendant was convicted by the Local Court and fined $7,000 under section 197 and $5,000 for each offence under section 193 of the Act.
February 2022
Ampelite Australia Pty Ltd
22 February 2022
On 12 April 2019, a worker was operating a John Heine Power Press when his chair slipped and his foot connected with the unguarded lever, activating the Press, which crushed his right-hand fingers, at Mount Druitt.
After a SafeWork NSW investigation, the defendant, Ampelite Australia Pty Ltd, was charged with a breach of section 32/19(1) and 38(1) of the Work Health and Safety Act 2011.
On 22 February 2022, the defendant was convicted by the District Court and fined $135,000 for the breach of section 32/19(1) of the Act and $12,000 for the breach of section 38 of the Act.
Dynamic Formwork Group Pty Ltd
14 February 2022
On 5 February 2019, a worker sustained serious injury when he fell approximately 2.8 meters from a formwork deck at a construction site in Guildford onto a concrete slab impaling his leg on a vertical steel reo bar.
After a SafeWork NSW investigation, the defendant, Dynamic Formwork Group Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 14 February 2022, the defendant was convicted by the District Court and fined $45,000.
All Seasons (Aust) Gourmet Produce Pty Ltd and Skevos Kakias
11 February 2022
On 24 December 2018, a worker suffered serious injury when his right hand came in contact with the rotating blade of a spinach cutter while clearing the blockage on a conveyor belt, at Marrickville.
After a SafeWork NSW investigation, the corporate defendant, All Seasons (Aust) Gourmet Produce Pty Ltd, and the director, Skevos Kakias, were respectively charged with breaches of section 32/19(1) and 32/27(1) of the Work Health and Safety Act 2011.
On 11 February 2022, the defendants were convicted and fined by the District Court. The corporate defendant was fined $112,500, and the director was fined $37,500.