In a landmark ruling by the District Court of NSW, SafeWork NSW, a standalone regulator instated by the Minns Labor Government, executed a successful legal prosecution against Hilltop Meats Pty Ltd. The company incurred a fine of $750,000 following an employee sustaining devastating injuries in a severe workplace incident that occurred on 20 October 2021.
To understand the criticality of such safety measures, one needs to explore the incident’s background. An employee was attempting to resolve a blockage in a meal auger conveyer when a co-worker restarted the machine, resulting in the former getting entangled within the auger. As a result, the afflicted worker suffered foot amputation.
Subsequently, Hilltop Meats acknowledged its guilt regarding an offence under section 32 of the Work Health and Safety Act 2011 (NSW). Their failure lay in not meeting the duty outlined under section 19(1) of the same Act.
In examining this case, the Court found that Hilltop Meats did not carry out a site-specific risk assessment concerning the task of rectifying blockages in the auger. Further, there were insufficient control measures in place to manage potential risks and hazards effectively. Notably, the Court emphasised that the required risk control measures were readily available, cost-effective, and well-known for dealing with such situations. These could have included robust WHS management systems beside SWMS and policy implementation, tools like Bluesafe SWMS or Bluesafe WHS Management System.
To read a more detailed account of the judgement against Hilltop Meats, visit NSW Caselaw’s website. Despite the pronounced sentence, Hilltop Meats Pty Ltd reserves the rights to appeal against it.
Any workers apprehensive about their work health and safety conditions can confidentially contact SafeWork on 13 10 50 or through the Speak Up Save Lives website. Furthermore, employers and employees can refer to SafeWork NSW’s webpage for comprehensively curated resources ranging from SWMS to WHS management systems for navigating the risks associated with plant, machinery, and equipment operation.
Sophie Cotsis, the Minister for Work Health and Safety, stated: “There is zero-tolerance for endangering worker safety. The Government, alongside employers and unions, carry significant responsibilities towards enhancing work health safeguards.”
The establishment of SafeWork NSW as a standalone regulator by the Minns Labor Government conveys a firm message — workplace safety is non-negotiable, and every worker possesses the right to return home safely after work.
In this context, SafeWork NSW Commissioner Janet Schorer said: “Working with unguarded machinery leading to injuries is a preventable hazard known across all industries in our state.” She urged those engaged with mobile plants, fixed machinery, and vehicles to pause and review their existing safety systems like the Bluesafe WHS Management System.
Also, businesses must consider implementing measures like fixed guards and covers for meal augers and guarantee proper activation of isolation switches. SafeWork NSW reiterates that businesses carry the duty to ensure their workers’ protection during interactions with plant, machinery, and equipment.
Original article link: https://www.safework.nsw.gov.au/news/safework-media-releases/minns-labor-government-backs-tougher-enforcement-as-abattoir-fined-$750,000-over-worker-injury
