Published: 16 August 2024
Nexsa Pty Ltd was sentenced in the Sunshine Magistrates' Court on Wednesday 7 August after pleading guilty to a single charge of failing to provide or maintain plant that was safe and without risks to health.
The company was also ordered to pay $4,918 in costs.
In July 2022, the worker was threading a length of reinforced steel bar when his left sleeve became caught and he was dragged into the machine, which was operating at its maximum speed of 100 RPM and was designed to continue running until a stop button was depressed.
A nearby colleague heard a bang and noticed that the worker had been flipped over the machine onto the floor and his arm was twisted backwards around the reinforced steel bar.
The colleague stopped the machine and used a grinder to cut through the reinforced steel bar to release the worker.
The worker sustained a broken leg, broken forearm, dislocated elbow, broken ribs and lacerations to his forehead, eye and ear. He underwent two surgeries and spent a significant amount of time in hospital.
A WorkSafe investigation found the machine was one of five identical items of plant at the workplace, none of which were fitted with guarding to prevent access to the rotating parts.
The court heard it was reasonably practicable for Nexsa to reduce the risk by installing interlocked guarding to cover the machine's moving parts, including any protruding end of a reinforced steel bar; a hold-to-run foot pedal control with an overpressure switch; and an emergency stop button.
WorkSafe Executive Director of Health and Safety Sam Jenkin said the serious injury suffered by the worker should not have been allowed to happen.
"Our investigation revealed that there had been at least one previous similar incident of a worker becoming caught in a threading machine at this workplace that thankfully did not result in an injury," Mr Jenkin said.
"The company was well aware of the risk and had ample opportunity to install the necessary guarding to protect their workers but failed to do so."
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.