$90,000 fine after worker’s hand pulled into bending machine

Retired AKZ Pty Ltd, previously known as AKZ Reinforcing Pty Ltd, was sentenced at the Latrobe Valley Magistrates’ Court on Wednesday 2 July. It admitted one charge of failing to provide and maintain safe plant and another of failing to provide necessary information, instruction and training to workers. The company was also ordered to pay $5,023 in costs.

The court heard that in July 2023, a worker was using a machine that bent lengths of reinforced steel into various shapes. He had been assigned a type of bend he had not performed before. When a steel bar began twisting outwards, he used his palm to guide it towards the machine, following the method he had been taught.

The bar’s wired components caught his safety glove, dragging his hand into the rollers. He suffered a partial degloving injury to his left index finger and required surgery in hospital.

WorkSafe’s investigation found that an optional guard for the machine’s danger area had never been fitted after its purchase. The instructions given to the worker also conflicted with the operating manual, which warned of entanglement risks and directed everyone, including operators, to remain at least two metres from the machine during operation.

Although the supplier had initially trained the company, workers subsequently passed on what they had been taught to other workers. There was no consistent or documented training or emergency procedures. It was reasonably practicable to fit guarding over the danger area and an interlock preventing operation unless the guarding was in place. The company could also reasonably have provided information, instruction and training covering machine hazards, risk reduction, different bending tasks and emergency procedures.

The court also heard that Retired AKZ had previously committed workplace health and safety offences. Last December, it was convicted and fined $146,000 for three separate similar incidents involving bending machines at the workplace.

WorkSafe Executive Director of Health and Safety Sam Jenkin said the regulator had no tolerance for employers repeatedly ignoring their health and safety obligations. “This company’s failure to learn from previous incidents should be a major red flag to workers and the industry at large,” Mr Jenkin said. “WorkSafe keeps a watchful eye on businesses known for putting workers at risk and will continue taking enforcement action when appropriate.”

Mr Jenkin also said: “Aside from the obvious – protecting workers from harm, avoiding tragedies and upholding legal duties – a company that prioritises health and safety generally has better reputation, stronger staff retention and less expenses in the long run.”

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