Fenner Dunlop Australia Pty Ltd has been convicted and fined $212,500 in the District Court of NSW as a result of a prosecution by SafeWork NSW.
These proceedings arose from an incident on 13 February 2022, when a worker was seriously injured after being struck by metal debris while working on a bucket elevator conveyer.
Fenner Dunlop Australia plead guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 for failing to comply with its health and safety duty to workers under section 19(1) of the Act.
The full judgment against the defendant can be read on the NSW Caselaw website.
Fenner Dunlop Australia has the right to appeal against its sentence.
Workers who have concerns about workplace health and safety can anonymously contact SafeWork on 13 10 50 or through the Speak Up Save Lives website.
Business owners and workers can access a range of resources to help manage the risks of working with plant, machinery and equipment on the SafeWork NSW website.
Quotes attributable to SafeWork Commissioner Janet Schorer:
“Risk control measures for working with moving plant and fixed machinery are well known. Being injured when working with fixed machinery is a preventable hazard we see across our State and in all industries.”
“Preventing injuries caused by mobile plant, vehicles or fixed machinery is an area for action in SafeWork NSW's regulatory priorities.”
“Having an awareness and assessment of the risks, along with implementation of safe systems of work, is key to reducing the number of incidents related to moving plant and fixed machinery.”
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