SMB Australia Car Transport Pty Ltd, SMB Australia Car Transport Employment Pty Ltd and director Andrew Mytkowski have been convicted and fined a total of $420,000 in the District Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 24 March 2022, when a worker sustained serious injuries when struck by an industrial gate which overran vertical supports while being closed.
SMB Australia Car Transport Employment Pty Ltd 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 company was fined $180,000.
SMB Australia Car Transport Pty Ltd plead guilty to an offence pursuant to section 32 of the Act for failing to comply with its duty under section 21(2) of the Act. The company was fined $180,000.
Mr Mytkowski, who was the sole director of SMB Australia Car Transport Pty Ltd and SMB Australia Car Transport Employment Pty Ltd at the time of the incident, plead guilty to two offences under section 32 of the Act for failing to exercise due diligence as an officer of both companies as required under section 27(1) of the Act. He was fined a total of $60,000.
The judgment against the three defendants is published on the NSW Caselaw website.
SMB Australia Car Transport Pty Ltd, SMB Australia Car Transport Employment Pty Ltd and Mr Mytkowski have the right to appeal against their sentences.
Workers who have concerns about workplace health and safety can anonymously contact SafeWork NSW 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 injured when working with fixed machinery is a preventable hazard we see across our State and across all industries.”
“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 fixed machinery.”
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