Jansen, John Arthur trading as Mids & Mains Restaurant

Incident description:

An apprentice chef was cleaning a stainless steel splash back wall behind the hot equipment in a restaurant kitchen. All the hot equipment was switched off with the exception of the deep fryer. The worker had covered the cook top with tea towels and climbed onto it. The deep fryer was adjacent to the cook top and was not covered. As the worker was cleaning down the wall, his left foot went into the uncovered deep fryer. The worker sustained burns to his left lower leg and foot.

Investigation findings:

The owner of the restaurant did not provide specific instructions on how or when to clean the splash back walls.

Considerations for prevention:

Appropriate instructions together with an appropriate means of access and/or equipment to effect cleaning.

Obligation holders should consider the requirements of the Plant Code of Practice 2005, particularly part 1.8 Design to Facilitate Safe Use, part 5.4 Operation, and 5.22 Instructing, Training and Supervising Workers. The company should also consider Section 35 of the Workplace Health and Safety Act 1995 ‘obligations of owners of plant’.

Court result:

The company was found guilty and fined $4,700 with no conviction recorded.

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