A demolition recycling company has been fined $187,500 for breaching NSW workplace safety laws when a worker died in an excavator accident.

The man died from blunt force trauma to his head on May 31 2023 when an excavator using a grab attachment to demolish a woodchip conveyor hit a 12-metre light post, which fell and hit him.

That day, staff including the accident victim had discussed with their supervisor where they should stand around the excavator and conveyor – the exclusion zone – before work began.

But the exclusion zone was not delineated by physical objects such as barrier tape or safety cones.

An agreed statement of facts provided to the Industrial Court of NSW said: “Prior to the incident, [the supervisor] was aware that some of the timber poles at the site were rotten.

“He was also aware that the pole which fell was a potential hazard.”

The Industrial Court issued the penalty this month after the demolition company – which stopped trading after it was sold in 2024 – pleaded guilty in May in proceedings launched by SafeWork NSW.

“The failure to have planned for and executed the removal of the light post, before commencing to demolish the conveyor, is a fundamental consideration,” the court said.

“Had that been done it would have eliminated the risk that materialised when the excavator grabbed and lifted the conveyor and hit the light pole, causing it to fall and hit [the worker] in the head. This was a reasonably practicable step that could have easily been taken.”

SafeWork commissioner Janet Schorer says risk control when working with moving plant and fixed machinery are well known.

“Being injured when working with moving plant is a preventable hazard we see across our state and across all industries,” she said.

“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.”

See the ruling here.