A timber company has been fined $262,500 after a worker was fatally struck by a 580 kilogram pack of timber at a NSW central west sawmill in 2019.
On Thursday, District Court Judge Wendy Strathdee convicted Australian Softwood and imposed the penalty because of the firm's failure to implement proper policies and create a safe workplace.
Truck driver Thomas Williamson was struck by the timber while loading slabs onto the back of a vehicle at the Allied Timber Products sawmill in Raglan on July 22, 2019. He was unresponsive and airlifted to Westmead Hospital.
Suffering a traumatic brain injury, Mr Williamson was pronounced brain dead two days later.
SafeWork NSW launched the lawsuit after being notified of the incident.
Australian Softwood, which is a subsidiary of AAM Investment Group, purchased the sawmill in January 2019 and had no prior experience in running such a company, Judge Strathdee said.
The company could have taken a number of steps to eliminate of reduce risks to workers at the sawmill, the judge added.
"I accept that this incident was as a consequence of an inadequate system which did not properly address the risks with regard to the loading of timber products," she wrote.
Noting the steps the firm had taken to improve its workplace policies since the incident, Judge Strathdee said she had some comfort Australian Softwood would not reoffend.
She noted the effects that the tragedy had on Mr Williamson's family after hearing victim impact statements read in court, including by wife Debra Williamson.
"It would be impossible for anyone not to be deeply moved by her statement. Mrs Williamson's life has 'been destroyed' by the loss of her best friend, lover and soul mate," the judge wrote.
Australian Softwood's cooperation with SafeWork NSW and its early guilty plea in December 2021 resulted in a 25 per cent discount of a $350,000 penalty imposed by the court.
The firm was also ordered to pay SafeWork NSW's legal costs of almost $38,000.
AAM and SafeWork NSW have been contacted for comment.
