Owners corporations of commercial premises have been put on notice after SafeWork NSW successfully prosecuted an owners corporation for failing to fix a faulty gate which killed a worker.
It is the first time an owners corporation of a strata scheme at an industrial complex has been found guilty of this type of offence under the Work Health and Safety Act NSW 2011. They were fined $225,000, plus costs. The maximum penalty is $1.73 million.
The judge concluded that, “as the owner of the common property, which included the gate, it had the power as well as the obligation to make the site safe.”
A 64-year-old male worker died on 12 June 2020 after the electric industrial entry gate weighing 260kg fell on him when he tried to manually open it. The 8.5-metre-long gate was damaged on 4 June 2020 after a van ran into it, pushing it off its tracks.
The body corporate gave approval for the gate repairs the day after the 4 June damage and a work order issued, however the court ruling said the repairs were not treated as a matter of urgency.
In July 2023, Maluko Pty Ltd, the employer of the deceased worker was convicted and fined $375,000 in relation to this incident. Maluko Pty Ltd had pleaded guilty for one charge of failing to comply with its duty to ensure, so far as reasonably practicable, the health and safety of its workers.
Find out more on industrial gate safety
View the strata court decision
Head of SafeWork NSW Trent Curtin said:
“My sympathies go out to the worker’s family who lost their loved one in this tragic incident. It is important we all do what we can to prevent something like this from happening again.”
“While industrial gates are an effective way to protect property at home or on worksites, they have the potential to be extremely dangerous if not properly maintained.
“As this case shows, workplace safety is everybody’s responsibility.”
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