A Sydney container services company has been convicted and fined $800,000 in the District Court of New South Wales following a fatal workplace incident involving a reversing reach stacker — one of the largest penalties SafeWork NSW has secured this year.

ANJ Container Services and Bond Stores Pty Ltd was found guilty of failing to comply with its health and safety duty to persons other than workers, an offence under section 32 of the Work Health and Safety Act 2011. The conviction followed a defended hearing.

The proceedings arose from an incident on 21 April 2022, when a pedestrian suffered fatal injuries after being struck by a reach stacker — a type of heavy mobile plant used for handling shipping containers — while it was reversing at the company’s facility.

The judgment has been published on the NSW Caselaw website. ANJ Container Services and Bond Stores Pty Ltd retains the right to appeal its conviction and sentence.

SafeWork Commissioner Janet Schorer said the risks associated with moving plant were well understood and preventable.

“Risk control measures for working with moving plant and fixed machinery are well known,” Commissioner Schorer said. “Preventing injuries caused by mobile plant, vehicles or fixed machinery is an area for action in SafeWork NSW’s regulatory priorities.”

“Having an awareness and assessment of the risks, along with implementation of safe systems of work, is key to reducing the number of incidents related to fixed machinery.”

Workers with concerns about workplace health and safety can contact SafeWork NSW anonymously on 13 10 50 or via the Speak Up Save Lives website.