Published: 19 September 2022
Brick manufacturing company, PGH Bricks & Pavers Pty Ltd, was sentenced in the Heidelberg Magistrates' Court on Wednesday after earlier pleading guilty to a single charge of failing to provide plant that was, so far as reasonably practicable, safe and without risks to health.
The company was convicted and fined $40,000.
Bricks Australia Services Pty Ltd, which employs staff that worked at the PGH facility, earlier pleaded guilty to a single charge of failing to provide necessary information or instructions to enable its employers to perform their work safely.
It was fined $10,000 without conviction, and ordered to pay costs of $3,140.
The court heard a worker was inspecting a possible problem with a head drum that powered a conveyor belt used to transport clay, when his right arm became trapped between the belt and the drum.
Another worker heard the man's cry for help and activated the emergency stop button.
The worker suffered a dislocated elbow, nerve crushing and damage from his bicep to his fingers.
The court heard it was reasonably practicable for PGH to affix guarding to the head drum and for BAS to ensure that workers received necessary information and instruction in relation to the risk posed by the plant.
WorkSafe Executive Director of Health and Safety Narelle Beer said the risks associated with conveyors were well known and include entanglement and crushing of body parts.
"Tragically, this worker's life-altering injuries could have been avoided if appropriate safety measures were put in place," Dr Beer said.
"There is no excuse for duty holders who fail to implement guarding around known danger areas, or who fail to provide their staff with the training they need to perform tasks safely."
To manage risks when working with machinery employers should:
- Identify hazards, assess the risks associated with them and eliminate or control those risks by isolating them or using an alternative.
- Train staff in the safe operation of machines and equipment and provide written procedures in the worker's first language.
- Develop and implement safe operating procedures in consultation with employees and health and safety representatives.
- Ensure safety guards and gates are compliant and fixed to machines at all times.
- Regularly service and inspect machines and equipment.
- Place signs on or near a machine to alert employees of the dangers of operating it.