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Rabkal Pty Ltd and Kaliviotis, Demetrios

Summary

Incident description:

A bakery worker died after becoming caught up in a slow-moving conveyor machine and crushed. The worker entered a cooling room containing a conveyor and climbed under the spiral conveyor system to access the open area in the middle of the spiral. The worker became entangled in the conveyor and was crushed between the conveyor and a stationary support.

Investigation findings:

The doors to the cooling room had interlocks with magnetic switches which caused the conveyor inside the room to stop when the door was opened. However, there had been intermittent problems with the conveyor and the interlock switches had been disabled a few months prior to the incident to allow maintenance to be conducted without stopping production.

Considerations for prevention:

(Commentary under this heading may be additional to material before the court.)

After the incident, the company:

  • replaced the interlocks on the doors to the cooling room
  • fitted the doors with key locks and
  • locked all electrical switchboards and installed master keys for all switchboards.

Obligation holders should consider the requirements of the Plant Code of Practice 2005, in particular part 5.2 Design and Manufacture - specifically AS1755 Conveyers – Design, Construction, Installation and Operation - Safety Requirements and part 5.22 Instructing, Training and Supervising Workers. They should also consider section 35 of the Workplace Health and Safety Act 1995 ‘obligations of owners of plant’.

Court result:

Both the company and its director were found guilty with no conviction recorded. Rabkal Pty Ltd was fined $75,000 and Demetrios Kaliviotis was fined $13,000.
Details
   
Industry:
Manufacturing
Defendant:
Rabkal Pty Ltd (ABN 38 005 555 715) and Kaliviotis, Demetrios
Date of offence:
21 July 2006
Location of offence:
Carrara
Injury:
Fatality
Offence:
Fatality
Court:
Southport Industrial Magistrates Court
Magistrate:
Mr Phinger
Legislation:
s.28(1) and s.167 Workplace Health and Safety Act 1995
Plea:
Entered a plea of guilty
Decision date:
31 May 2007
Penalty:
$75,000 and $13,000 respectively
Maximum available:
$375,000 and $75,000 respectively
Investigation costs:
$2,580.14
Professional and legal costs:
$750
Court costs:

$65.40
In default period to pay:
12 months, in default levy and distress
Conviction recorded:
No
CIS No.:
51340

 

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