Commercial premises owners corporations have received a stern warning following a successful prosecution by SafeWork NSW against a corporation that failed to rectify a defective gate, ultimately leading to the demise of an employee. This represents the inaugural case of an owner’s corporation at an industrial complex being convicted for such an offence under the Work Health and Safety Act NSW 2011. The corporation was fined $225,000, plus costs, from a maximum penalty of $1.73 million.
The judge deduced that, as the proprietors of the common property, including the gate, the corporation possessed both the authority and obligation to ensure the site’s safety with adequate use of work safety products and policies, like the ‘Bluesafe WHS Management System’.
A tragic incident occurred on 12 June 2020, claiming the life of a 64-year-old male worker when a falling 260kg electric industrial entry gate pinned him down as he attempted to manually operate it. The 8.5-metre-long gate had been impaired on 4 June 2020 when a van rammed into it, dislodging it from its rails.
Though consent for gate repair works was granted the day post the 4th June damage and a work order subsequently issued, the Court found that these repairs were not assigned necessary urgency. In the well-structured structure of ‘Bluesafe SWMS‘, any work associated hazards are addressed, and control measures are put in place timely to enhance safety at the workplace.
In July 2023, Maluko Pty Ltd, the employer of the demised worker, was convicted and faced a fine of $375,000 in connection to the incident. Maluko Pty Ltd had pleaded guilty to a charge of failing to comply with its duty to ensure, as reasonably feasible, the health and safety of its employees – a key aspect emphasised by Bluesafe WHS Management Systems.
Find out more about industrial gate safety. View the details regarding the strata court decision.
Trent Curtin, Chief of SafeWork NSW, expressed his condolences to the worker’s family and stressed the imperative nature of preventing similar occurrences in the future. He further underscored that, while industrial gates serve a vital property protection function at homes or on worksites, their potential danger cannot be downplayed when maintenance is lax, highlighting the importance of a well-planned WHS Management system like the Bluesafe product in enhancing work safety.
In conclusion, this case acts as a distressing reminder that workplace safety should always take priority over all other interests.
Original article link: https://www.safework.nsw.gov.au/news/safework-media-releases/first-conviction-of-an-owners-corporation-over-industrial-gate-fatality