Fine rises to $75,000 on appeal over worker's head crush
23 Apr 2025•BlueSafe Team•Source: WorkSafe VIC
Class Plastics (Aust) Pty Ltd has been convicted and fined $75,000 on appeal after a supervisor suffered serious head injuries in a plastic blow moulding machine at its Truganina factory.
The company initially received a $40,000 fine without conviction in the Sunshine Magistrates' Court in December 2024. It had pleaded guilty to one charge of failing to maintain plant that was safe and without risks to health.
On Friday 11 April, the Melbourne County Court overturned the original sentence, convicted the company and increased the fine to $75,000. The company was also ordered to pay $4,000 in costs.
The incident occurred in April 2022 while a supervisor was trying to fix a problem with a plastic blow moulding machine. His head became trapped between a moving bar and the machine's frame, causing a traumatic brain injury, a fractured skull and intracranial bleeding that required immediate surgery.
WorkSafe's investigation found that the machine's interlock system had been disconnected. The system should have prevented the machine from operating with its access doors open, but the sensors intended to activate it had also been covered with tape.
Regular inspections of the interlock system, along with checks that the sensors and other safety devices had not been compromised, were reasonably practicable measures the company could have taken.
WorkSafe Executive Director of Health and Safety Sam Jenkin said there would be no tolerance for employers who allowed unsafe machinery to operate in workplaces. "Unfortunately, we still see far too many injuries and deaths involving machines that weren't properly maintained or lacked appropriate safety features," Mr Jenkin said.
"Given the extensive guidance provided on the safe operation of machinery – and the number of tragedies that should serve as stark warnings – it's hard to see this incident as anything but completely preventable."
"We will continue to pursue the toughest penalties for employers who fail to protect workers from such widely understood risks."
How Blue Safe can help: Our free WHS self-check can help you review your workplace safety arrangements and identify areas that need closer attention, including how machinery risks are managed. Take the free WHS self-check