NSW Kerbing Pty Ltd has been convicted and fined $225,000 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 4 July 2023, when a person riding an electric bicycle suffered serious injuries after colliding with the unfeathered edge of a steel road plate being used to cover a trench during the course of stormwater drainage works. The person died from the injuries sustained in the incident.
NSW Kerbing plead guilty to 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.
The judgment against NSW Kerbing Pty Ltd is published on the NSW Caselaw website.
NSW Kerbing has the right to appeal against its sentence.
