Published: 16 September 2024
Askin (Vic) Pty Ltd was sentenced in the Dandenong Magistrates' Court on Wednesday 4 September after pleading guilty to a single charge of failing to provide and maintain a safe workplace.
The company was fined $40,000 without conviction and ordered to pay $4,350 in costs.
In May 2022, the labour hire worker was changing bags on the manufacturing line's extraction system, a task he had been given a month after beginning his placement in addition to his regular duties as a packer.
The worker was using a plastic pipe to clear an extractor vent that was blocked by a clump of wool when the pipe made contact with a rotary valve and was dragged inwards.
This forced the worker's hand into contact with the valve's blades, causing partial amputation and degloving of his middle finger.
WorkSafe's investigation found there was a risk of serious injury as workers could access the powered parts of the paddle blade assembly while it was operating.
It was reasonably practicable for Askin (Vic) to have installed an interlocked guard to prevent access when the extractor was operating.
The company also failed to provide a safe system of work that included a risk assessment and written maintenance procedure for the extractor and ensured bag replacement was only done by workers trained in the procedure, blockages were reported to and only attended to by maintenance personnel, and the extractor was isolated when access was required.
In May 2024, labour hire company Dekro Recruitment Pty Ltd, which provided the worker to Askin (Vic), was fined $25,000 without conviction and ordered to pay costs of $2,841 after pleading guilty to a single charge of failing to provide and maintain a safe system of work.
WorkSafe Executive Director of Health and Safety Sam Jenkin said every worker had a right to go to work without fear of being seriously injured.
"Far too often we see workers, particularly those with little experience in a workplace, exposed to the well-known risks of moving machinery," Mr Jenkin said.
"Every employer, including those providing workers to other businesses, must ensure they develop safe systems and processes to properly identify and manage hazards as they emerge."
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.