Published: 24 September 2024
MMPX Pty Ltd, trading as Bowltiful, was sentenced in the Melbourne Magistrates' Court on Friday 13 September after pleading guilty to two charges under the Occupational Health and Safety Act.
The company was, without conviction, fined $25,000 for failing to provide or maintain plant that was safe and without risks to health and $15,000 for failing to comply with a prohibition notice.
MMPX was also ordered to pay $5,671 in costs.
In May 2023, the 31-year-old worker was in the process of mixing ingredients when his hand was struck by a mixing blade and was pulled into the machine, causing degloving of the skin on his right hand.
WorkSafe inspectors attended and found the dough mixer was not fitted with an interlock guard, which allowed the machine to continue operating whilst the lid was open, exposing employees to the rotating paddles.
A notice was issued prohibiting use of the dough mixer until the risk was remedied, however the machine was still in use during a follow up visit by inspectors about a month later.
It was reasonably practicable for the company to have installed an interlocked physical guarding mechanism that only allowed access to the danger area at times when there was no risk and prevented access at any other time.
WorkSafe Executive Director Health and Safety Sam Jenkin said the incident demonstrated the critical importance of proper safety measures on all machinery and equipment.
"The lack of basic safeguards on this cooking equipment directly led to a preventable injury that could have been much worse for this worker," Mr Jenkin said.
"There is no excuse for businesses who fail to keep their workers safe, particularly when they are already well aware of the risks from particular machinery and equipment in their workplace."
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.