Owners corporations of commercial properties have been put on notice after SafeWork NSW successfully prosecuted an owners corporation in July 2024 for failing to repair a faulty gate that resulted in the death of a worker.
This landmark case marks the first time an owners corporation of a strata scheme at an industrial complex has been found guilty of such an offence under the Work Health and Safety Act NSW 2011. The corporation was fined $225,000, plus costs, highlighting the serious consequences of neglecting workplace safety responsibilities. The maximum penalty for this type of offence is $1.73 million.
The incident occurred on June 12, 2020, when a 64-year-old male worker was fatally injured after a 260kg electric industrial entry gate fell on him as he attempted to manually open it. The gate had been damaged eight days earlier after being struck by a van, which pushed it off its tracks. Although approval for repairs was given the following day and a work order was issued, the court ruled that the repairs were not treated with sufficient urgency.
In delivering the verdict, the judge stated that “as the owner of the common property, which included the gate, (the owners corporation) had the power as well as the obligation to make the site safe.” This conviction serves as a critical reminder to all owners corporations of their legal duty to maintain safe environments and promptly address hazards to prevent tragic incidents.
Earlier in July 2023, the employer of the deceased worker was also convicted and fined $375,000 in relation to the same incident for failing to ensure, so far as reasonably practicable, the health and safety of its workers.
This case underscores the importance of proactive and timely maintenance of common property and adherence to safety regulations to protect workers and avoid substantial penalties.
Head of SafeWork NSW Trent Curtin said “My sympathies go out to the worker’s family who lost their loved one in this tragic incident. It is important we all do what we can to prevent something like this from happening again.”
“While industrial gates are an effective way to protect property at home or on worksites, they have the potential to be extremely dangerous if not properly maintained.”
This story was first published in THE FENCE magazine.
