SafeWork NSW v Jungheinrich Australia Pty Ltd

SafeWork NSW took action against Jungheinrich Australia Pty Ltd in the District Court of New South Wales due to a serious safety breach in the maintenance of a forklift. The forklift in question was fitted with a device that bypassed the seat safety system, allowing the gear lever to be engaged and the hydraulic functions to be operated without the driver being seated in the driver’s seat. This created a significant risk of a driverless forklift causing injury or death to workers. The case centred on the duty of the company under work health and safety laws to ensure risks to health and safety were properly managed.

The primary legal issue was whether Jungheinrich Australia Pty Ltd had failed to discharge its duty under the Work Health and Safety Act 2011 (NSW) to ensure risks to health and safety from its operations were properly managed. The court had to consider the objective seriousness of the breach, the mitigating and aggravating factors, the company’s plea of guilty, and the need for general and specific deterrence. The company’s capacity to pay an appropriate penalty was also a consideration.

The court found Jungheinrich Australia Pty Ltd guilty and imposed a fine of $150,000, which was 25% less than the initial amount due to the early plea of guilty. The court mandated that 50% of the fine be paid to the prosecutor and ordered the company to fund an educational project to be managed by SafeWork NSW. This project, capped at $30,000, aims to produce an animated video addressing the risks involved in forklift maintenance and the importance of safety checks. Additionally, the company must cover up to $3,500 for promotional activities for the video. The court also ordered the company to pay the prosecutor’s costs.