K R Castlemaine Foods Pty Ltd
Incident description:
A worker's hand was trapped while cleaning out meat scraps from the piston chamber of a pumping machine. While he had his hands in the chamber another person attempted to retract the pistons by starting the machine which completed their cycle instead of retracting, trapping and crushing the workers hands inside the machine.
WHSQ investigation findings:
The investigation found that because the defendant owned the machine while another company employed the workforce the manufacturer's instructions held by the defendant was not made available to workers and operators of the plant. It was also found that the operating procedures adopted by the employer did not comply with the pumping machine's manufacturer's instructions.
Court result:
The defendant was found guilty and fined $35,000. No conviction was recorded. The co-obligation holder Darling Downs Foods Pty Ltd was also fined $35,000.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Employers must develop safe operating procedures for workers to follow when performing maintenance or cleaning machinery and equipment. Employers should ensure the safe operating procedures are within the manufacturer specifications for the machinery or equipment. Employers should consider machinery lockout procedures to cut the electrical power and prevent machinery from being operated during maintenance and cleaning.
Visit the Workplace Health and Safety Queensland website for more information on:
- safeguarding machinery and plant
- obligations which apply when modifying plant, and
- conducting risk assessments or developing safe operating procedures.
|
Industry:
|
Manufacturing
|
|---|---|
|
ANZSIC code:
|
1111 |
|
Defendant:
|
K R Castlemaine Foods Pty Ltd
|
|
Defendant ACN:
|
-
|
|
Date of offence:
|
9 June 2006
|
|
Location of offence:
|
Toowoomba
|
|
Injury:
|
Broken hand
|
|
Circumstance of aggravation:
|
Grievous bodily harm
|
|
Court:
|
Brisbane Industrial Magistrates Court
|
|
Magistrate:
|
Mr Graham Lee
|
|
Legislation:
|
s.28(1) Workplace Health and Safety Act 1995
|
|
Plea:
|
Guilty
|
|
Decision date:
|
18 April 2008
|
|
Penalty:
|
$35,000
|
|
Maximum fine available:
|
$375,000
|
|
Investigation costs:
|
$2,000
|
|
Professional and legal costs:
|
$375
|
|
Court costs:
|
$65.40
|
|
In default period to pay:
|
Twelve months to pay, in default levy and distress
|
|
Conviction recorded:
|
No
|
|
CIS event no.:
|
49829
|
