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One gate, two companies and a $420,000 lesson in WHS responsibility
An 800 kg gate fell after damaged powered gates were operated manually for 21 months. The SMB sentencing decision examines concurrent company duties, officer due diligence and the controls that should have stopped the incident.

Safety Jon
2 days ago4 min read


A Safety Consultant Missed It. So Did the Supervisor. The Conveyor Remained Unguarded.
Painting and Blasting Industries had procedures, inspections and an external WHS consultant, but an unguarded conveyor remained accessible to workers. The NSW Industrial Court decision provides a strong lesson about guarding, isolation and whether safety audits are actually finding critical hazards.

Safety Jon
Aug 258 min read


Fatal Lessons from the Crazy Train Salvage
On 27 Jan 21, marine salvage worker Max Haywood was fatally struck by the collapsing mast of a submerged steel yacht during a crane operation at Rozelle, New South Wales. The lift involved an uncertain load, an unsuitable lifting point, overloaded equipment and an operator who did not hold the required crane licence. The incident was not caused by an obscure technical defect or an unforeseeable change in conditions. It developed from a work method that replaced engineering, v

Safety Jon
Aug 410 min read


Wumbulgal Agriculture Prosecution - Lessons to Learn
Photo by Kilyan Sockalingum on Unsplash On 02 Jul 26, the Industrial Court of New South Wales convicted Wumbulgal Agriculture Pty Ltd following the death of a farmhand operating a quad bike during livestock mustering. The company was fined $555,000, ordered to pay SafeWork NSW’s agreed costs of $55,000, and required to arrange side-by-side vehicle training for all workers employed or engaged by the business. The offence was prosecuted as a Category 2 contravention of sections

Safety Jon
Jul 138 min read


A Director Cannot Use Personal Privilege to Lock Away Company Safety Records
Editor’s note: This article provides general information about an NSW court decision and WHS governance. It is not legal advice. The legal question Can the sole director of a company prevent the production of corporate safety records by arguing that locating or producing them might incriminate the director personally? The NSW District Court considered that question in SafeWork NSW v Paul Whitmarsh (No. 2) [2025] NSWDC 86. The answer was no, at least where the subpoena is dire

Safety Jon
Jul 77 min read


Kellogg Fined $510,000: When the System Exists but the Workface Does Not Hear It
On 19 Sep 25, Kellogg (Aust.) Pty Ltd was convicted in the Industrial Court of New South Wales and fined $510,000 after two workers fell approximately four metres from an elevated work platform at its Banksmeadow manufacturing site. SafeWork NSW reported the prosecution publicly on 23 Sep 25, confirming that the incident occurred on 03 Mar 23 when a truck reversed into a loading dock and struck the EWP with both workers inside. Image generated for visual effect. The two injur

Safety Jon
May 188 min read


When One Fall Creates Two Convictions: Bridgeworks, Menai Civil, and the Myth of “Not My Worker”
On 11 Nov 22, a formworker fell nearly 3.85 metres from a bridge abutment at a construction site in Huntley, New South Wales, while stripping formwork. The worker was positioned on the top of the southern abutment, using an extension ladder to attach wire chains between a 26-tonne excavator and form soldiers, and was not wearing a harness because the steel available for anchoring was on the opposite side of the abutment. Image generate for visual effect. The incident resulted

Safety Jon
May 188 min read
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