Published: 15 August 2024
TP Structures Pty Ltd was sentenced in the Moorabbin Magistrates' Court on Tuesday 6 August after pleading guilty to one charge each of failing to provide a safe system of work and failing to ensure that the site of a notifiable incident was not disturbed.
The company was also ordered to pay costs of $5,673.
In April 2022, a worker was setting up a truck-mounted pump to conduct concreting works at a Malvern construction site.
The pump's hopper was guarded by a grate fitted with a hydraulic interlock valve that was designed to stop the pump when the grate was lifted.
As the worker lifted the grate and reached into the hopper to clear debris, the interlock failed to operate and a swing tube inside activated, trapping his right hand and causing partial amputation.
It was reasonably practicable for TP Structures to eliminate or reduce the risk to health and safety through daily pre-operation checks that required workers to test the hydraulic interlock valve was working before operating the machine.
The court heard that after WorkSafe was notified of the incident, the sole director of TP Structures drove the truck back to a storage yard in Dandenong, despite being advised that the incident site needed to be preserved.
WorkSafe Executive Director of Health and Safety Sam Jenkin said workers had a right to expect that the machinery they were working with was operating safely.
"When it comes to operating machinery, having safe systems and checks in place is critical, this includes identifying hazards, ensuring safety features are operating correctly, and that staff understand how to operate the plant safely," Mr Jenkin said.
"If the unthinkable happens and a worker is seriously injured then duty holders must immediately notify WorkSafe and ensure that they don’t disturb the scene without reasonable excuse."
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.
- 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.
- Train staff in the safe operation of machines and equipment and provide appropriate supervision and written procedures in the worker's first language.
- Develop and implement safe operating procedures in consultation with employees and health and safety representatives.