A business has been slapped with the largest fine ever handed down by a NSW court after a man was killed by a woodchipper while working for them.
A1 Arbor Tree Services has been ordered to pay a $2.025m fine, the largest court fine imposed for a business in NSW.
Fijian national Samuela Cirivakayawa was working for A1 Arbor Tree Services in September 2019 on the grounds of a school in Lindfield when he was fatally injured.
The 40-year-old had been operating a wood chipper with two colleagues cutting and mulching branches before his co-workers left to find the owner of a car that needed to be moved so they could continue their work.
When they returned to the site, they could not find Mr Cirivakayawa but noticed a pool of blood in the woodchipping machine.
Mr Cirivakayawa is believed to have been drawn into the infeed of the woodchipper while handfeeding the machine, according to court documents.
SafeWork NSW investigated. A1 Arbour pleaded guilty in the NSW District Court of failing to comply with its safety obligations.
The court heard A1 Arbor did not complete a risk assessment of the equipment, which had several defects.
The court also heard there was little supervision of workers and workers did not receive training to operate the equipment.
Judge Wendy Strathdee noted in sentencing that the forseeable harm to the man was “extreme” and determined the record fine was appropriate.
NSW Work Health and Safety Minister Sophie Cotsis shared her condolences to the family of Mr Cirivakayawa.
“My heart goes out to the family and friends of this 40-year-old worker who didn’t make it home,” she said.
“This is yet another shocking fatality that was completely avoidable. The lives of workers must be priority number one. No excuses, no exceptions.
“This is a landmark conviction that puts everyone across NSW on notice.”