Fine over worker's head crush nearly doubled on appeal

In December 2024, Class Plastics (Aust) Pty Ltd was fined $40,000 without conviction in the Sunshine Magistrates' Court after pleading guilty to a single charge of failing to maintain plant that was safe and without risks to health.

Following an appeal, the Melbourne County Court set aside the original sentence on Friday 11 April, instead convicting the company and imposing a $75,000 fine.

The company was also ordered to pay $4,000 in costs.

In April 2022, a supervisor at the company's Truganina factory was attempting to rectify an issue with a plastic blow moulding machine when his head was caught between a moving bar and the machine's frame.

The man suffered a traumatic brain injury, fractured skull and intracranial bleeding which required immediate surgery.

A WorkSafe investigation found the machine's interlock system, which should have stopped it from operating while the access doors were open, was disconnected and the sensors which should have activated it had been covered with tape.

It was reasonably practicable for the company to have conducted regular inspections of the interlock system and checked that sensors and other safety devices on the machine weren’t compromised.

WorkSafe Executive Director of Health and Safety Sam Jenkin said there would be absolutely no tolerance for employers who allowed unsafe machinery to operate in the workplace.

"Unfortunately, we still see far too many injuries and deaths involving machines that weren't properly maintained or lacked appropriate safety features," Mr Jenkin said.

"Given the extensive guidance provided on the safe operation of machinery – and the number of tragedies that should serve as stark warnings – it's hard to see this incident as anything but completely preventable."

"We will continue to pursue the toughest penalties for employers who fail to protect workers from such widely understood risks."

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.