Goldstein's Pty Ltd
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.
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Industry:
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Manufacturing
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Defendant:
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Goldstein’s Pty Ltd (ANZSIC code 1541)
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Date of offence:
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16 October 2006
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Location of offence:
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Molendinar
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Injury:
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Broken right arm
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Offence:
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Grievous bodily harm
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Court:
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Southport Industrial Magistrates Court
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Magistrate:
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Mr Ronald G Kilner
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Legislation:
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s.28(1) Workplace Health and Safety Act 1995
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Plea:
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Guilty
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Decision date:
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12 December 2008
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Penalty:
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$30,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$1,309.05
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Professional and legal costs:
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Nil
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Court costs:
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$68.80
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In default period to pay:
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Four months to pay, in default levy and distress
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Conviction recorded:
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No
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CIS No.:
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54499
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Visit the Workplace Health and Safety website for more information on:
- obligations which apply when modifying plant
- safeguarding machinery and plant (PDF, 736kB)
- how to conduct risk assessments (PDF, 143kB) or develop safe operating procedures (PDF, 321kB)
