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 defendants 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.
|
Industry: |
Manufacturing |
|---|---|
|
Defendant: |
Goldsteins 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 |
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)
