Civil construction company sentenced for failures resulting in e-bike rider fatality

Civil construction company NSW Kerbing Pty Ltd, engaged to do stormwater drainage work for a local council, has been fined $225,000 following the death of an e-bike rider whose bike struck an unfeathered steel road plate (SafeWork NSW v NSW Kerbing Pty Ltd trading as NSW Kerbing Pty Ltd [2026]).

Works

In July 2023, NSW Kerbing commenced the roadworks but, due to the weather conditions, could not complete the works. To cover the exposed trench that had been dug, the company installed road plates. The road plates were inadequately placed and not secured.

Notification

The following morning, a member of the council notified NSW Kerbing by email that, “the road plate on the roadway is also moving and has not been bolted to the roadway. If the road plates shift anymore, they will expose the hole in the roadway. These road plates are causing vehicles to brake suddenly to avoid damage and a few accidents have almost occurred here in the 10 mins I have been here.”

Following this notification, some steps were taken in the afternoon to make the plates safe, but these were inadequate as they did not involve asphalt feathering around all sides of the plates.

Incident

In the evening, a member of the public riding an e-bike struck the plates and, as a result of injuries sustained in the incident, later died.

Charge

NSW Kerbing was charged with a Category 2 offence under sections 19(2) and 32 of the Work Health and Safety Act 2011 (NSW). The company pleaded guilty.

Verdict

The Court found the risk of injury was foreseeable, obvious and known to the company, especially after council warned the company earlier that day about the unsafe road plates.

The Court also noted more holistic failures, including:

the absence of an adequate road-plate risk assessment;
an incomplete process for asphalt feathering;
no proper warning signage or lighting; and
inadequate traffic controls.

Taking into account the post-incident safety improvements and other mitigating factors, the Court imposed a $225,000 fine, reduced from $300,000 for the guilty plea.

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