Construction Company Fined $225,000 After Cyclist Fatality: A Reminder About Public Safety Around Worksites
Construction Company Fined $225,000 After Cyclist Fatality: A Reminder About Public Safety Around Worksites
A recent SafeWork NSW prosecution has highlighted an area of site safety that can sometimes be overlooked — the responsibility contractors have to protect members of the public as well as their own workers.
NSW Kerbing Pty Ltd has been convicted and fined $225,000 in the Industrial Court of NSW following an incident involving a cyclist and roadworks being undertaken in July 2023. SafeWork NSW
According to SafeWork NSW, stormwater drainage works were being carried out when a steel road plate was being used to cover a trench.
A person riding an electric bicycle collided with the unfeathered edge of the steel road plate, suffered serious injuries and later died from those injuries. SafeWork NSW
NSW Kerbing pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011 for failing to comply with its health and safety duty to other persons under section 19(2) of the Act. The company has the right to appeal the sentence. SafeWork NSW
Safety Doesn’t Stop at the Site Boundary
For earthmoving and civil contractors, there is an important lesson here.
Most contractors naturally focus heavily on keeping operators, labourers and subcontractors safe.
But when work is being carried out on or alongside roads, footpaths, driveways and other public areas, the risk extends beyond the workforce.
Pedestrians, cyclists, motorists, delivery drivers and nearby residents may all come into contact with a work zone.
SafeWork NSW Commissioner Janet Schorer said businesses working in public areas have an obligation to consider the safety of both workers and other people who may enter the area. SafeWork NSW
That means contractors need to consider how a worksite looks from the perspective of someone who doesn’t know the job is happening.
Small Hazards Can Have Serious Consequences
One of the important reminders from this case is that a hazard doesn’t necessarily have to involve a large excavator or major piece of machinery.
Things such as:
road plates
open trenches
temporary ramps
uneven surfaces
site entrances
construction materials
barriers
traffic diversions
hoses and cables
can all create risks when they interact with the public.
A contractor may be completely familiar with a temporary site arrangement because they have been working around it all day.
A cyclist or pedestrian approaching that area for the first time does not have that same knowledge.
Traffic Management Needs to Include Everyone
Traffic-management planning shouldn’t only consider trucks and machinery.
Contractors working around public areas should also think about how pedestrians and cyclists can safely pass the work zone and whether temporary changes create unexpected hazards.
Questions worth asking include:
Can the public clearly see where they are expected to travel?
Are temporary surfaces or road plates safely transitioned into the surrounding surface?
Could somebody enter the work zone without realising it?
Are barriers and signage positioned early enough to give people time to react?
Are trucks or machines entering areas where pedestrians or cyclists may be travelling?
Has the work area changed since the traffic-management plan was originally put in place?
Site conditions can change throughout a job, which means controls also need to be reviewed rather than simply installed once and forgotten.
The Takeaway for Earthmoving Contractors
The incident is a serious reminder that worksite safety extends beyond the people working on the job.
If your project interacts with a road, footpath, driveway or public area, take the time to physically walk through the site from the perspective of somebody who has never seen it before.
Sometimes the hazards that are obvious to contractors are completely unexpected to everybody else.
Good traffic management, clearly defined work areas and regular checks around temporary works can make a significant difference.
Construction Company Fined $225,000 After Cyclist Fatality: A Reminder About Public Safety Around Worksites
Construction Company Fined $225,000 After Cyclist Fatality: A Reminder About Public Safety Around Worksites
Construction Company Fined $225,000 After Cyclist Fatality: A Reminder About Public Safety Around Worksites
A recent SafeWork NSW prosecution has highlighted an area of site safety that can sometimes be overlooked — the responsibility contractors have to protect members of the public as well as their own workers.
NSW Kerbing Pty Ltd has been convicted and fined $225,000 in the Industrial Court of NSW following an incident involving a cyclist and roadworks being undertaken in July 2023. SafeWork NSW
According to SafeWork NSW, stormwater drainage works were being carried out when a steel road plate was being used to cover a trench.
A person riding an electric bicycle collided with the unfeathered edge of the steel road plate, suffered serious injuries and later died from those injuries. SafeWork NSW
NSW Kerbing pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011 for failing to comply with its health and safety duty to other persons under section 19(2) of the Act. The company has the right to appeal the sentence. SafeWork NSW
Safety Doesn’t Stop at the Site Boundary
For earthmoving and civil contractors, there is an important lesson here.
Most contractors naturally focus heavily on keeping operators, labourers and subcontractors safe.
But when work is being carried out on or alongside roads, footpaths, driveways and other public areas, the risk extends beyond the workforce.
Pedestrians, cyclists, motorists, delivery drivers and nearby residents may all come into contact with a work zone.
SafeWork NSW Commissioner Janet Schorer said businesses working in public areas have an obligation to consider the safety of both workers and other people who may enter the area. SafeWork NSW
That means contractors need to consider how a worksite looks from the perspective of someone who doesn’t know the job is happening.
Small Hazards Can Have Serious Consequences
One of the important reminders from this case is that a hazard doesn’t necessarily have to involve a large excavator or major piece of machinery.
Things such as:
can all create risks when they interact with the public.
A contractor may be completely familiar with a temporary site arrangement because they have been working around it all day.
A cyclist or pedestrian approaching that area for the first time does not have that same knowledge.
Traffic Management Needs to Include Everyone
Traffic-management planning shouldn’t only consider trucks and machinery.
Contractors working around public areas should also think about how pedestrians and cyclists can safely pass the work zone and whether temporary changes create unexpected hazards.
Questions worth asking include:
Can the public clearly see where they are expected to travel?
Are temporary surfaces or road plates safely transitioned into the surrounding surface?
Could somebody enter the work zone without realising it?
Are barriers and signage positioned early enough to give people time to react?
Are trucks or machines entering areas where pedestrians or cyclists may be travelling?
Has the work area changed since the traffic-management plan was originally put in place?
Site conditions can change throughout a job, which means controls also need to be reviewed rather than simply installed once and forgotten.
The Takeaway for Earthmoving Contractors
The incident is a serious reminder that worksite safety extends beyond the people working on the job.
If your project interacts with a road, footpath, driveway or public area, take the time to physically walk through the site from the perspective of somebody who has never seen it before.
Sometimes the hazards that are obvious to contractors are completely unexpected to everybody else.
Good traffic management, clearly defined work areas and regular checks around temporary works can make a significant difference.
Source: SafeWork NSW, 28 September 2026.
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