Fenner Dunlop Australia Pty Ltd was convicted and fined $212,500 in the District Court of NSW following a prosecution brought by SafeWork NSW, after a worker was seriously injured while operating a bucket elevator conveyor at the company’s site.
The incident occurred on 13 February 2022 when the worker was struck by metal debris while working on the machinery, resulting in serious injury. Fenner Dunlop Australia pleaded guilty to an offence under 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 full judgement against the defendant can be read on the NSW Caselaw website. Fenner Dunlop Australia retains the right to appeal against its sentence.
SafeWork urges vigilance around fixed machinery
Commissioner Janet Schorer said risk control measures for working with moving plant and fixed machinery are well-established across industry. “Being injured when working with fixed machinery is a preventable hazard we see across our state and in all industries,” she said. “Preventing injuries caused by mobile plant, vehicles or fixed machinery is an area for action in SafeWork NSW’s regulatory priorities.”
She said awareness of risk, combined with proper safe work systems, is central to cutting incident numbers. “Having awareness, along with implementation of safe systems of work, is key to reducing the number of incidents related to moving plant and fixed machinery,” Schorer said.
Workers with concerns about workplace health and safety can contact SafeWork anonymously on 13 10 50 or through the Speak Up Save Lives website. Business owners and workers can also access resources on managing the risks of working with plant, machinery and equipment via the SafeWork NSW website.
