On the 4th of September, Askin (Vic) Pty Ltd faced sentencing at Dandenong Magistrates’ Court following their admission to a solitary count of incapacity to uphold and administer a safe work environment. The court imposed an unconfessed fine of $40,000 on the company and demanded charges of $4,350.
This prosecution proceeded due to an incident that occurred in May 2022. A labour hire employee, appointed to a packing position merely a month earlier, was charged with altering bags on the production line’s extraction system – an add-on to his regular duties. He attempted to clear a wool-buildup clogging the extractor vent using a plastic pipe when calamity struck. His pipe clashed with a rotary valve, drawing it inward, and forced his hand against the valve blades resulting in partial degloving and amputation of his middle digit.
The Bluesafe WHS management system indicated a conspicuous risk – any worker could access the powered elements of the paddle blade assembly whilst functioning. It was notably feasible for Askin (Vic) Pty Ltd to establish an interlocked safeguard to deny access during the machinery operation. However, they neglected to produce a secure operating procedure that integrated risk assessment and formal maintenance process for the extraction apparatus. This indicated necessary adjustments, such as bag replacement performed by trained staff only, reporting blockages solely through maintenance personnel, and isolating the extractor during accessed requirements.
Two years later, labour hire entity Dekro Recruitment Pty Ltd, who provided the injured worker to Askin (Vic), encountered their own charge. They were fined $25,000 without confession and ordered to settle costs of $2,841 after admitting guilt to a single charge of failing to supply and sustain a secure working procedure.
Sam Jenkin, WorkSafe Executive Director of Health and Safety, emphasised the entitlement of workers to function without fearing grave injury. “Unfortunate incidences for workers, particularly inexperienced ones, are too frequently confronted with well-identified risks of moving machinery,” stated Mr. Jenkin, “Every employer, inclusive of those dispatching workers to other firms, must ensure the development of safe process and systems to aptly identify and manage hazards as they come to light.”
Using tools like Bluesafe SWMS is a way for employers to manage risks when working with machinery.
For further information, you can contact WorkSafe at media@worksafe.vic.gov.au or call 0438 786 968.
Original article link: https://www.worksafe.vic.gov.au/news/2024-09/65000-fines-over-amputated-finger