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Goldstein's Pty Ltd

Summary

Incident description:

A worker sustained a fractured right arm when he was drawn into the spiral mixing arm of an inadequately guarded dough mixer.

Investigation findings:

The investigation found that while there was a guard on the machine it had been adjusted which created an access to a draw-in zone. The risk posed to workers was also exacerbated by an unsafe cleaning/maintenance practice, whereby the worker cleaned the inside of the bowl whilst the plant was still operating.

Considerations for prevention:

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

Adjustments made to guarding on plant requires undertaking a risk assessment to assess if a risk of entrapment exists after the modifications have been made. In addition, a safe system of work documenting how cleaning of the machine can be undertaken safely needs to be made available to staff performing this task.

Court result:

The defendant pleaded guilty and was fined $30,000. The court took into account the defendant’s previous good record, the steps it took to ensure such an incident would not reoccur and the fact it was otherwise a good corporate citizen in ordering no conviction be recorded.

Details
Industry:
Manufacturing
Defendant:
Goldstein’s Pty Ltd (ANZSIC code 1541)
Date of offence:
16 October 2006
Location of offence:
Molendinar
Injury:
Broken right arm
Offence:
Grievous bodily harm
Court:
Southport Industrial Magistrates Court
Magistrate:
Mr Ronald G Kilner
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
12 December 2008
Penalty:
$30,000
Maximum fine available:
$375,000
Investigation costs:
$1,309.05
Professional and legal costs:
Nil
Court costs:
$68.80
In default period to pay:
Four months to pay, in default levy and distress
Conviction recorded:
No
CIS No.:
54499

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