On December 20, 2019, a worker was fatally injured when he was crushed between the work box rail of a forklift and a section of the roof at the premises.
After a SafeWork NSW investigation the defendant, MON Natural Foods Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
During the hearing the judge stated that the defendant had failed to take several measures to ensure the health and safety of workers.
Those included failing to conduct a thorough risk assessment in relation to a task; and failing to provide safe plant, including mobile plant designed to lift people, such as a scissor lift, to workers when performing the task.
Prior to the conviction the judge noted some mitigating circumstances.
One being that the defendant (MON Natural Foods Pty Ltd) had no previous convictions.
The judge also took into account the company’s industrial record, the prompt remedial action it took after the incident in putting in place methods of safety assessment and implementation designed to diminish the risk of any workers being injured.
It was also noted that external experts have been engaged to assist the defendant to ensure that it continued to guard against any harm to the workers moving forward, and to comply with its health and safety duties.
On March 15, 2023, the defendant, who pleaded guilty, was convicted by the District Court and fined $450,000.
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