2023
Brief summaries of SafeWork NSW prosecutions where there has been a finding of guilt and a conviction for 2023.
December 2023
Inghams Enterprises Pty Ltd
21 December 2023
On 19 February 2020 a worker was seriously injured when he became trapped in a horizontal auger in the ice making freezer room at the plant at North Ryde.
After a SafeWork NSW investigation the defendant, Inghams Enterprises Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 21 December 2023, the defendant was convicted by the District Court and fined $450,000.
Dong, Xu Chun
15 December 2023
On 6 August 2020 a production worker suffered partial amputation of two fingers when the blade of a Four Roll Meat Slicing Machine descended as she attempted to remove material from the rear of the machine.
After a SafeWork NSW investigation the defendant, Xu Chun Dong, was charged with a breach of section 32/27(1) of the Work Health and Safety Act 2011.
On 15 December 2023, the defendant was convicted by the District Court and fined $37,500.
E & J International Pty Ltd
15 December 2023
On 6 August 2020 a production worker suffered partial amputation of two fingers when the blade of a Four Roll Meat Slicing Machine descended as she attempted to remove material from the rear of the machine.
After a SafeWork NSW investigation the defendant, E & J International Pty Ltd, was charged with a breach of section 32/25(2) of the Work Health and Safety Act 2011.
On 15 December 2023, the defendant was convicted by the District Court and fined $262,500.
NL Workforce Solutions Pty Ltd
15 December 2023
On 6 August 2020 a production worker suffered partial amputation of two fingers when the blade of a Four Roll Meat Slicing Machine descended as she attempted to remove material from the rear of the machine.
After a SafeWork NSW investigation the defendant, NL Workforce Solutions Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 15 December 2023, the defendant was convicted by the District Court and fined $262,500.
B & E Foods Pty Ltd
15 December 2023
On 6 August 2020 a production worker suffered partial amputation of two fingers when the blade of a Four Roll Meat Slicing Machine descended as she attempted to remove material from the rear of the machine.
After a SafeWork NSW investigation the defendant, B & E Foods Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 15 December 2023, the defendant was convicted by the District Court and fined $375,000.
Think Tank Building Solutions Pty Ltd
1 December 2023
On 12 November 2020, a worker was clearing material on a glass atrium roof when a scaffold standard fell from above, shattering the glass atrium, causing him to fall through the glass approximately 4.4 metres to the ground below. A courier walking through the glass atrium at ground level and was struck by shards of glass.
After a SafeWork NSW investigation the defendant, Think Tank Building Solutions Pty Ltd, was charged with breaches of section 32/19(1) and 32/19(2) of the Work Health and Safety Act 2011.
On 1 December 2023, the defendant was convicted by the District Court and fined $216,000 for each offence.
Mars Commercial Pty Ltd
1 December 2023
On 19 November 2020, a worker fell approximately 7 to 8 metres down an open lift shaft at a construction site sustaining spinal injuries and skull fractures.
After a SafeWork NSW investigation the defendant, Mars Commercial Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011 (the Act).
On 1 December 2023, the defendant was convicted by the District Court and fined $412,500. A training order was also made pursuant to s. 241 of the Act.
Royal Touch Paper Products Pty Ltd
1 December 2023
On 13 March 2021 a 35 year old worker was using a core cutting machine to feed through cardboard tubes when both her arms got caught in the machine, causing serious injury.
After a SafeWork NSW investigation the defendant, Royal Touch Paper Products Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 1 December 2023, the defendant was convicted by the District Court and fined $300,000.
November 2023
Leading Homes Pty Ltd
30 November 2023
On 17 June 2023, following a site visit in Ryde, a Prohibition Notice was issued prohibiting the carrying out of work on the second storey balconies of a duplex that did not have any edge protection. The defendant failed to comply with the Prohibition Notice.
After a SafeWork NSW investigation the defendant, Leading Homes Pty Ltd, was charged with a breach of section 197 of the Work Health and Safety Act 2011 in relation to the failure to comply.
On 30 November 2023, the defendant was convicted by Local Court and fined $3,500.
L & N Properties Pty Ltd
23 November 2023
On 12 November 2020, a worker was clearing material on a glass atrium roof when a scaffold standard fell from above, shattering the glass atrium, causing him to fall through the glass approximately 4.4 metres to the ground below. A courier walking through the glass atrium at ground level and was struck by shards of glass.
After a SafeWork NSW investigation the defendant, L & N Properties Pty Ltd, was charged with a breach of section 32/19(1) and 32/19(2) of the Work Health and Safety Act 2011.
On 23 November 2023, the defendant was convicted by the District Court and fined $50,000 for each offence.
Casella, Sam
20 November 2023
On 1 February 2021, a 19 year old form worker fell 12.3 metres through an open penetration adjacent to a lift shaft that was under construction.
After a SafeWork NSW investigation the defendant, Sam Casella, was charged with a breach of section 32/27(1) of the Work Health and Safety Act 2011.
On 20 November 2023, the defendant was convicted by the District Court and fined $120,000.
Big River Group Pty Ltd
17 November 2023
On 27 October 2020, a 60 year old truck driver suffered injury to his leg when it was run over by a reversing forklift at Forest Hill.
After a SafeWork NSW investigation the defendant, Big River Group Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 17 November 2023, the defendant was convicted by the District Court and fined $450,000.
HLH NSW Pty Ltd
17 November 2023
On 9 February 2021, a 25 year old worker was seriously injured when he fell 5.5m through a roof structure to the ground below at Hurstville.
After a SafeWork NSW investigation the defendant, HLH NSW Pty Ltd, was charged with a breach of section 33/19(1) of the Work Health and Safety Act 2011.
On 17 November 2023, the defendant was convicted by the District Court and fined $82,500.
Meoushy, Alex
17 November 2023
On 24 August 2020 a 53-year old worker, was seriously injured when he was struck by a bundle of steel reinforcement bars being moved by a tower crane, lifting him off the ground and pushing him into an adjacent formwork deck. The site where the incident occurred was not preserved until a SafeWork NSW inspector arrived at the scene at Edmondson Park.
After a SafeWork NSW investigation the defendant, Alex Meoushy, was charged with a breach of section 39(1) of the Work Health and Safety Act 2011.
On 17 November 2023, the defendant was convicted by the District Court and fined $4,500.
JBS Australia Pty Ltd
8 November 2023
On 19 February 2020 a worker suffered serious injury undertaking moisture testing of hay bales when she was struck and trapped by two hay bales which fell from the top of a stack of six bales onto her at Caroona.
After a SafeWork NSW investigation the defendant, JBS Australia Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 8 November 2023, the defendant was convicted by the District Court and fined $300,000.
Giraffe Scaffolding Pty Ltd
8 November 2023
On 28 February 2023, a SafeWork NSW Inspector issued a Prohibition Notice to Giraffe Scaffolding Pty Ltd to stop work in relation to erecting scaffolding without fall protection on a construction site.
On 2 March 2023, the inspector returned to the site and observed that the subject scaffold appeared to have been extended whilst the Prohibition Notice was in place.
Following a SafeWork NSW investigation, Giraffe Scaffolding Pty Ltd, was charged with a breach of section 197 of the Work Health and Safety Act 2011.
On 8 November 2023, the defendant was convicted by the Downing Centre Local Court and fined $3,300.
North Corp Projects Pty Ltd
8 November 2023
On 16 May 2023, a SafeWork NSW Inspector issued a Prohibition on North Corp Projects Pty Ltd (North Corp) in relation to risk of electric shock from working an unsafe distance to energised overhead powerlines. On 24 May 2023, the Inspector returned to the site and observed that the Prohibition Notice had not been complied with by North Corp.
After a SafeWork NSW investigation, North Corp was charged with a breach of section 197 of the Work Health and Safety Act 2011.
On 8 November 2023, North Corp Projects Pty Ltd was convicted by the Downing Centre Local Court and fined $5,500.
Hartwig, Mark Gerard
7 November 2023
On 25 January 2021, a worker sustained lacerations to his jaw and shoulder/collarbone after an inadequately guarded chainsaw kicked back whilst he was cutting a timber fence at a residential property at Chatswood.
After a SafeWork NSW investigation the defendant, Mark Gerard Hartwig, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 7 November 2023, the defendant was convicted by the Downing Centre Local Court and fined $8,000.
Sunrise Metal Recycling Pty Ltd
6 November 2023
On 2 October 2020, a 48 year old worker sustained serious injury when a vehicle he was dismantling on a forklift separated and fell from the tynes of the forklift striking him at St Marys.
After a SafeWork NSW investigation the defendant, Sunrise Metal Recycling Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 6 November 2023, the defendant was convicted by the Downing Centre Local Court and fined $46,000.
Canon Roofing Solutions Pty Ltd
3 November 2023
On 19 November 2020, a 50-year old sole trader fell 7 metres through a rear awning roof causing injury to his legs at Moorebank.
After a SafeWork NSW investigation the defendant, Canon Roofing Solutions Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 3 November 2023, the defendant was convicted by the District Court and fined $300,000.
October 2023
BSA Ltd
16 October 2023
On 14 December 2018, a 22 year old technician suffered fatal electrical shock while installing Foxtel at a residential premises at Malabar.
After a SafeWork NSW investigation the defendant, BSA Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
The defendant was convicted on 29 September 2023 and on 16 October 2023 the District Court imposed a fine of $540,000.
True Value Glass Pty Ltd
11 October 2023
A SafeWork NSW Inspector issued True Value Glass Pty Ltd with a Penalty Notice for a breach of clause 79(2) of the Work Health and Safety Regulation2017, after observing inadequate protection against risk of falling at a work site in Gables NSW on 8 June 2023.
On 24 June 2023, True Value Glass Pty Ltd elected to have the matter heard before the Court.
On 11 October 2023, the defendant was convicted by the Downing Centre Local Court and fined $1,000.
Manor Properties Pty Ltd
9 October 2023
On 18 October 2022, a SafeWork NSW Inspector issued Manor Properties Pty Ltd with a Prohibition Notice to stop work after observing workers working at height without adequate fall protection in place.
On 21 October 2022, the Inspector returned to the site and observed work had taken place whilst the Prohibition Notice remained in place.
After a SafeWork NSW investigation the defendant, Manor Properties Pty Ltd, was charged with a breach of section 197 of the Work Health and Safety Act 2011.
On 9 October 2023, the defendant was convicted by the Downing Centre Local Court and fined $2,000.
STP Trading & Construction Pty Ltd
4 October 2023
On 13 May 2023, a SafeWork NSW inspector issued a Prohibition Notice on STP Trading & Construction Pty Ltd (STP) after observing a worker working on a construction site at Revesby NSW without adequate fall protection.
On 24 May 2023, the inspector returned to the site and observed that the Prohibition Notice had not been complied with by STP.
After a SafeWork NSW investigation, STP was charged with a breach of section 197 of the Work Health and Safety Act 2011.
On 4 October 2023, STP Trading & Construction Pty Ltd was convicted by the Downing Centre Local Court and fined $10,000.
Denbrok Constructions Pty Ltd
4 October 2023
On 3 December 2020, a 19 year old second year apprentice carpenter sustained serious injury when he fell 4.2m from the perimeter edge of a residential roof onto the ground surface below.
After a SafeWork NSW investigation the defendant, Denbrok Constructions Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 4 October 2023, the defendant was convicted by the District Court and fined $150,000.
September 2023
Saratsopoulos, George
20 September 2023
On 18 May 2020, SafeWork NSW was notified of alleged contraventions of legislation resulting from removal of friable asbestos on or around 10 February 2018, and providing falsified documentation to secure removal work for which there was not a licence.
After a SafeWork NSW investigation the defendant, George Saratsopoulos, was charged with breach of sections 43(1), 155(5), 268(2)(a) x 2 of the Work Health and Safety Act 2011.
On 20 September 2023, the defendant was convicted by the District Court and fined a total of $20,000 for the four offences.
Bidfood NSW Pty Ltd
15 September 2023
On 27 January 2021 a forklift, missing its travel reversing alarm and driven by an unlicensed employee, reversed into a warehouse receiving area and struck a worker causing serious leg injuries at Port Macquarie.
After a SafeWork NSW investigation the defendant, Bidfood NSW Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 15 September 2023, the defendant was convicted by the District Court and fined $300,000.
Art Civil Pty Ltd
15 September 2023
On 1 September 2020 a 54 year old machine operator was using an excavator to remove debris from a demolished structure when a large metal window lintel fell and punctured the glass front cabin window of the excavator striking the operator's leg at Neutral Bay.
After a SafeWork NSW investigation the defendant, Art Civil Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 15 September 2023, the defendant was convicted by the District Court and fined $150,000.
Carbon BMC Pty Ltd
1 September 2023
On 2 December 2020 a 22 year old water proofer, was in the process of waterproofing in a non-ventilated area, when a heat gun ignited the fumes of the chemicals and caused a fireball explosion at Seaforth.
After a SafeWork NSW investigation the defendant, Carbon BMC Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 1 September 2023, the defendant was convicted by the District Court and fined $300,000.
Universal Propping & Supports Pty Ltd
1 September 2023
On 15 May 2019 a tower crane crew were moving a load of formwork timbers onto a truck when the load fell to the ground, ricocheted and struck, a 45 year old truck driver, who was also loading formwork timber onto the truck at Kiama.
After a SafeWork NSW investigation the defendant, Universal Propping & Supports Pty Ltd, was charged with breach of section 32/19(2) of the Work Health and Safety Act 2011.
On 1 September 2023, the defendant was convicted by the District Court and fined $150,000.
August 2023
This section references the Work Health and Safety Regulation 2017, which has since been remade as the Work Health and Safety Regulation 2025. Any references to clauses of the 2017 Regulation should now be read as references to the corresponding sections in the 2025 Regulation where applicable.
Murray Constructions Pty Ltd
31 August 2023
On 28 September 2020 at Tenandra, a 70 year old truck driver and labourer sustained fatal injuries, and another labourer sustained serious injuries, when an excavator sieve bucket, weighing approximately 400 - 500 kgs, fell from a trailer to the ground, 2.4 metres below.
After a SafeWork NSW investigation the defendant, Murray Constructions Pty Ltd, was charged with a breach of 32/19(1) of the Work Health and Safety Act 2011. The defendant was convicted by the District Court and on 31 August 2023 was fined $450,000.
Australex Group Pty Ltd
29 August 2023
On 20 March 2020, a SafeWork NSW inspector issued Australex Group with a Penalty Notice for a breach of clause 79(2) of the Work Health and Safety Regulation 2017, after observing inadequate protection against risk of falling at the worksite on 10 March 2020. On 22 February 2021, Australex Group elected to have the matter heard before the Court.
On 29 August 2023, the defendant was convicted by the Downing Centre Local Court and fined $10,000.
Bozzi and Co Produce Pty Ltd
15 August 2023
On 28 July 2020, a 16 year old worker was driving a Can-Am buggy across a property as part of his work duties when he lost control of the vehicle and it rolled over onto its side at Menindee.
After a SafeWork NSW investigation the defendant, Bozzi and Co Produce Pty Ltd, was charged with a breach of 32/19(1) and 38(1) of the Work Health and Safety Act 2011.
On 15 August 2023, the defendant was convicted by the Downing Centre Local Court and fined $34,000 for the 32/19(1) offence and $4,250 for the 38(1) offence.
Austar Construction Pty Ltd
1 August 2023
On 15 June 2020 a 37 year old worker sustained serious head injuries doing electrical work when he fell 3.3 meters over an internal edge, fitted with an insecure guard rail, to the ground below at Gladesville.
After a SafeWork NSW investigation the defendant, Austar Construction Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 1 August 2023, the defendant was convicted by the District Court and fined $150,000.
July 2023
Maluko Pty Ltd
26 July 2023
On 12 June 2020, a 64 year old worker was fatally injured when attempting to open a damaged main metal security gate manually and it fell onto him at Berkeley.
After a SafeWork NSW investigation the defendant, Maluko Pty Ltd, was charged with a breach of 32/19(1) of the Work Health and Safety Act 2011.
On 26 July 2023, the defendant was convicted by the District Court and fined $375,000.
MHE-Demag Pty Ltd
18 July 2023
On 6 July 2023, a 34 year old worker was fatally injured when girders being moved by an overhead crane got caught on the hook of the shortener and fell on them on a site at Smithfield.
After a SafeWork NSW Investigation the defendant, MHE-Demag Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health Safety Act 2011.
On 18 July 2023, the defendant was convicted by the District Court and fined $525,000.00
Dial-A-Dump (EC) Pty Ltd
18 July 2023
On 27 May 2019, workers were placed at risk of suffering death or serious injury as a result of being impacted by a compactor whilst conducting inspections of waste in and around the tip face on site at Eastern Creek.
After a SafeWork NSW investigation the defendant, Dial-A-Dump (EC) Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 18 July 2023, the defendant was convicted by the District Court and fined $255,000.
A1 Arbor Tree Service Pty Ltd
14 July 2023
On 7 September 2019, a 40 year old worker was fatally injured when he was drawn into a woodchipper whilst handfeeding branches into the woodchipper at Lindfield.
After a SafeWork NSW investigation the defendant, A1 Arbor Tree Service Pty Ltd, was charged with a breach of section 31(1)/19(1) of the Work Health and Safety Act 2011.
On 14 July 2023, the defendant was convicted by the District Court and fined $2,025,000.
Tony Saunders
14 July 2023
On 7 September 2019, a 40 year old worker was fatally injured when he was drawn into a woodchipper whilst handfeeding branches into the woodchipper at Lindfield.
After a SafeWork NSW investigation the defendant, Tony Saunders, was charged with a breach of section 32/28 of the Work Health and Safety Act 2011.
On 14 July 2023, the defendant was convicted by the District Court and fined $101,250.
Sky Cool Pty Ltd
5 July 2023
On 11 January 2022, a member of the public witnessed a forklift driver without a high risk work licence elevate three children in a makeshift work platform adjacent to steel storage racking at Hornsby.
After a SafeWork NSW investigation the defendant, Sky Cool Pty Ltd, was charged with a breach of section 33/19(1) and 43(2) of the Work Health and Safety Act 2011.
On 5 July 2023, the defendant was convicted by the Downing Centre Local Court and fined $5,000 for the 33/19(1) offence and $1,000 for the 43(2) offence.
Edward Lehmann
5 July 2023
On 11 January 2022, a member of the public witnessed a forklift driver without a high risk work licence elevate three children in a makeshift work platform adjacent to steel storage racking at Hornsby.
After a SafeWork NSW investigation the defendant, Edward Lehmann, was charged with a breach of section 43(1) of the Work Health and Safety Act 2011.
On 5 July 2023, the defendant was convicted by the Downing Centre Local Court and fined $1,000.
June 2023
Force Fire & Safety Pty Ltd
23 June 2023
On 16 September 2019 a truck driver was fatally injured when two long lengths of pipe, weighing approx.190kg each, fell from the side of a semitrailer and hit him on the head at Moorebank.
After a SafeWork NSW investigation the defendant, Force Fire & Safety Pty Ltd, was charged with a breach of 32/19(2) of the Work Health and Safety Act 2011.
On 23 June 2023, the defendant was convicted by the District Court and fined $300,000.
Craig Arthur Pty Ltd
23 June 2023
On 16 September 2019 a truck driver was fatally injured when two long lengths of pipe, weighing approx.190kg each, fell from the side of a semitrailer and hit him on the head at Moorebank.
After a SafeWork NSW investigation the defendant, Craig Arthur Pty Ltd, was charged with a breach of section 46 of the Work Health and Safety Act 2011.
On 23 June 2023, the defendant was convicted by the District Court and fined $45,000.
N. Moit & Sons (NSW) Pty Ltd
16 June 2023
Following an investigation in 2021, SafeWork NSW concluded that between January 2014 and April 2021, the defendant N.Moit & Sons (NSW) Pty Ltd, had failed to take a number of reasonably practicable measures to minimise the risk of respirable crystalline silica dust inhalation for workers involved in crushing masonry waste.
The defendant was charged with a breach of section 33/19(1) of the Work Health and Safety Act 2011.
On 16 June 2023, the Defendant was convicted by the District Court and fined $75,000.
G & Z Form Group Pty Ltd
2 June 2023
On 29 April 2020, a 36 year old senior crane operator and dogman was injured when he fell approx. 2.9 metres through an inadequately protected penetration on a formwork deck in Belrose.
After a SafeWork NSW investigation the defendant, G & Z Form Group Pty Ltd, was charged with a breach of section 32/19(2) of the Work Health and Safety Act 2011.
On 2 June 2023, the defendant was convicted by the District Court and fined $100,000.
May 2023
Ausgrid Management Pty Ltd
19 May 2023
On 2 April 2019, a 39 year old worker was fatally injured when he was working on low voltage power lines from a cherry picker and sustained an electric shock resulting in fatal injuries at Riverview.
After a SafeWork NSW investigation the defendant, Ausgrid Management Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 19 May 2023, the defendant was convicted by the District Court and fined $600,000.
March 2023
Walgett Shire Council
24 March 2023
On 21 June 2018, a worker was fatally injured while working on foot, operating and moving traffic control devices from one side of the road to the other on the Kamilaroi Highway between Cryon and Walgett.
After a SafeWork NSW investigation the defendant, Walgett Shire Council, was charged with a breach of section 33/19(1) of the Work Health and Safety Act 2011 (“the Act”).
On 24 March 2023, the defendant was convicted by the District Court, fined $50,000 and ordered to enter into a Work Health and Safety Project Order pursuant to s 238 of the Act.
February 2023
Parrish Group NSW Pty Ltd
8 February 2023
On 31 March 2020 a 25 year old worker was riveting gutter lining on the roof of a building under construction when he fell approx. 6.8 metres through an unsupported section of a guttering line to the concrete slab below, resulting in serious injury.
After a SafeWork NSW investigation the defendant, Parrish Group NSW Pty Ltd, was charged with a breach of 32/19(1) of the Work Health and Safety Act 2011.
On 8 February 2023, the defendant was convicted by the District Court and fined $300,000.