ANJ Container Services and Bond Stores Pty Ltd has been convicted and fined $800,000 in the District Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 21 April 2022, when a pedestrian suffered fatal injuries after being struck by a reversing reach stacker, which is a type of mobile plant used for handling shipping containers.
ANJ Container Services and Bond Stores Pty Ltd was found guilty of 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 other persons under section 19(2) of the Act, following a defended hearing.
The judgment against ANJ Container Services and Bond Stores Pty Ltd is published on the NSW Caselaw website.
ANJ Container Services and Bond Stores Pty Ltd has the right to appeal against its conviction and 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 and equipment.
Quotes attributable to SafeWork Commissioner Janet Schorer:
"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."
"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 fixed machinery."
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