Company convicted after worker's hand partially amputated in concrete pump

The Moorabbin Magistrates' Court sentenced TP Structures on Tuesday 6 August after it pleaded guilty to one charge of failing to provide a safe system of work and one charge of failing to ensure a notifiable incident site was not disturbed. The company was also ordered to pay $5,673 in costs.

In April 2022, a worker was preparing a truck-mounted pump for concreting at a Malvern construction site. A grate over the pump's hopper had a hydraulic interlock valve designed to stop the pump whenever the grate was lifted.

When the worker lifted the grate and reached inside to remove debris, the interlock did not operate. A swing tube activated inside the hopper, trapping his right hand and partially amputating it.

Daily checks before operating the pump, requiring workers to test whether the hydraulic interlock valve functioned correctly, were a reasonably practicable way for TP Structures to eliminate or reduce the risk.

The court heard that the company's sole director drove the truck to a Dandenong storage yard after WorkSafe had been notified. He did so despite being advised that the incident site had to be preserved.

WorkSafe Executive Director of Health and Safety Sam Jenkin said workers had a right to expect the machinery they used to operate safely. He said safe systems and checks were critical, including identifying hazards, checking safety features and ensuring staff understood how to operate plant safely.

"If the unthinkable happens and a worker is seriously injured then duty holders must immediately notify WorkSafe and ensure that they don’t disturb the scene without reasonable excuse."

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