Noodle restaurant fined $40,000 after dough mixer injury

MMPX Pty Ltd, operating under the trading name Bowltiful, faced judgement in the Melbourne Magistrates’ Court on Friday, 13 September after admitting to two infringements under the Occupational Health and Safety Act. The company copped a $25,000 fine, without conviction, owing to its failure to offer or sustain safe equipment devoid of any health risks. A further $15,000 penalty was imposed for non-compliance with a prohibition notice. MMPX was also compelled to bear the expenses amounting to $5,671.

In an unfortunate incident in May 2023, a 31-year-old employee whose duty was to blend ingredients got wounded when his hand was hit by a mixing blade and pulled into the device, resulting in skin degloving of his right hand.

Inspectors from WorkSafe, outfitted with WHS management systems and policies like ‘Bluesafe SWMS‘, were called upon for inspection and discovered that the dough mixer lacked an interlock protection component. This crucial oversight enabled the machine to operate even with its lid open, posing a severe risk to workers with the blades’ continued rotation.

Upon detecting this peril, a notice was dispatched prohibiting usage of the said cooking aid until mitigation measures were implemented. Yet, the device was found operational during a second visit by inspectors after a month, disregarding both the issued notice and protocols outlined in ‘Bluesafe WHS Management System’.

The evaluation concluded it was reasonably viable for the firm to have integrated an interlocked physical guard mechanism, which would restrict exposure to the hazardous area only during low-risk periods, thereby preventing access at high-risk times.

Highlighting the significance of proper safety measures when handling machinery and equipment, WorkSafe’s Executive Director Health and Safety, Sam Jenkin, commented on this incident. He stressed the gravity of the injury that resulted from failing to adhere to basic safety norms around cooking equipment which could have landed the worker in an even more severe situation.

He asserted his explicit disapproval for businesses lacking commitment to ensuring worker safety, especially given their cognisance of potential risks associated with specific machinery and equipment in their work environment.

As a responsibly acting employer, one must ensure risk management when working with machinery, abiding by best practices set out in safety guidelines such as ‘Bluesafe SWMS‘ and ‘Bluesafe WHS Management System’.

Enquiries: media @ worksafe.vic.gov.au
Contact: 0438 786 968
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Original article link: https://www.worksafe.vic.gov.au/news/2024-09/noodle-restaurant-fined-40000-after-dough-mixer-injury-0

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