Momentum Consulting Group Pty Ltd has been convicted and fined $125,000 in the District Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 12 February 2022, when Momentum Consulting Group Pty Ltd failed to take reasonably practicable measures to eliminate or minimise the risk to health and safety of labour hire workers, including by failing to identify the operation of motorised pallet riders at the placement workplace, as well as the nature of training and extent of supervision provided to the workers at the placement workplace.
Momentum Consulting Group Pty Ltd had plead not guilty to an offence pursuant to section 33 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its health and safety duty to workers under section 19(1) of the Act.
The full judgment against Momentum Consulting Group can be read on the NSW Caselaw website.
Momentum Consulting Group Pty Ltd has the right to appeal against its sentence.
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 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 this year.
"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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