The Real Juice Company Pty Ltd and Anthony Taliano have been convicted and fined $240,000 and $9,600, respectively, in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
These proceedings arose from an incident on 7 November 2022, when a worker sustained injuries after she was struck by a reversing forklift.
Mr Taliano was the sole director, secretary and shareholder of The Real Juice Company and was responsible for the day-to-day management and control of the business at the time of the incident.
The Real Juice Company Pty Ltd pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 for failing to comply with its duty to workers under section 19(1) of the Act.
Mr Taliano pleaded guilty to an offence pursuant to section 32 of the Act for failing to comply with his duty as an officer of the business under section 27(1) of the Act.
The Court also issued an adverse publicity order, which required The Real Juice Company Pty Ltd to publish a public notice in local newspaper The Area News (Griffith) containing details of the incident and conviction by the Court.
The full judgments against The Real Juice Company Pty Ltd and Mr Taliano are published on the NSW Caselaw website.
The Real Juice Company Pty Ltd and Mr Taliano have the right to appeal against their sentences.
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.
SafeWork Commissioner Janet Schorer said:
“Risk control measures for working with moving plant and fixed machinery are well known. Being hit by moving plant or vehicles or injured when working with fixed machinery are preventable hazards we see across our State and across 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.”
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