A Sydney based company has been fined $400,000 in the District Court of NSW after they were found guilty of a section 32 offence under the Work Health and Safety (WHS) Act NSW 2011.
SafeWork NSW prosecuted BI Australia Pty Ltd following a workplace incident on 11 February 2022 where a worker was struck by a forklift.
BI Australia was engaged as a contractor at a site at Kingsgrove where the worker was employed as a casual forklift operator.
At the time of the incident, the worker was walking in an onsite car park that was also being used as a makeshift storage area.
The worker was approaching a colleague who was operating a forklift when he was struck by the moving vehicle.
The court found that BI Australia failed to ensure a proper risk assessment was in place before allowing workers on site. Its failure to do so was inconsistent with a proactive or systematic approach to safety.
BI Australia was convicted of failing to meet its duty under section 19(1) of the WHS Act 2011 to ensure the health and safety of its workers.
BI Australia has the right to appeal against the Court's decision.
Injury from mobile plant, vehicles or fixed machinery, including forklifts, remain a leading cause of traumatic injuries and fatalities in NSW workplaces.
SafeWork NSW continues to prioritise the safety of workers operating heavy machinery and workers working near or around mobile plant, vehicles or fixed machinery as listed in its 2025-26 regulatory priorities.
Find information about how to stay safe while operating a forklift.
Quotes attributable to SafeWork Commissioner Janet Schorer:
"Forklifts are used in construction sites across NSW daily, yet every year they continue to contribute workplace deaths and injuries that often result in substantial human and financial costs for workers, industry and the community.
"Having the Court recognise the risks that contributed to this incident reinforces that safety obligations are not optional and proactive risk management is crucial in keeping workers safe.
"SafeWork NSW remains committed to supporting industry and workplaces in keeping their workers safe and encourages businesses with workers using mobile plant, vehicles or fixed machinery to engage with SafeWork NSW's available guides and resources to help keep their employees safe."
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