Wickham Farms Killarney Pty Ltd

Incident description:

On 14 October 2008, an 18 year old female worker sustained injuries when both her arms were dragged into and became trapped in the rotating auger screw of a potato processing machine.

The court acknowledged Wickham Farms Killarney Pty Ltd conducted business at the workplace including ownership of the processing machine in question.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being a person in control of a business or undertaking.

The incident occurred when the worker (later injured) was performing the task of cleaning the machine with the guarding removed and at the same time exposing the auger which was operating. Her right arm was caught above the elbow and dragged into the machine by the rotating auger screw. Her left arm was also caught and trapped at the mid-forearm after she put in her left arm, in an attempt to retrieve her right arm.

The investigation findings presented to the court revealed:

• the defendant failed to have in place, a safe system for performing the task of cleaning the machine without exposing workers to the risk of injury from moving parts
• the injured worker had not received a safety induction for performing the task
• there was no system in place to ensure the machine was turned off before cleaning commenced
• the defendant had failed to undertake any hazard identification or risk assessment in respect of the machine, or implement any control measures in respect of the machine.

Court result:

The defendant pleaded guilty in the Brisbane Industrial Magistrates Court on 25 March 2010  to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.

Industrial Magistrate Ms Cheryl Cornack ordered the defendant pay a penalty of $43 000 as well as costs totalling $2919.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to observe its obligations as outlined in the investigation findings presented to the Court.

In deciding the penalty imposed the Industrial Magistrate took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation and entered an early plea of guilty. The defendant was sentenced with no conviction recorded.

Considerations for prevention:

When working in the rural industry where there is exposure to risks from plant machinery with moving parts, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing appropriate control measures associated with the risk from plant machinery with moving parts, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers.

Obligation holders should ensure that a risk assessment has been completed, documented and evaluated in the area of each task of the plant operation. Once evaluated, obligation holders should implement control measures and training programs to ensure all workers are trained and fully aware of the risks and safe working practices of the workplace.

Control measures that may be considered when working with or near plant with exposed or unguarded moving parts include:

• installing guards that comply with manufacturer’s recommendations and ensuring they are not removed during operation
• creating exclusion zones or restricting access to the exposed parts
• enforcing the use of personal protective equipment when operating plant
• scheduling periodic checks and maintenance of plant
• implementing a system of work to clearly identify plant that requires repairs
• installing safety stop/latches to restrict or stop the movement of plant in an emergency
• implementing regular job rotations to avoid fatigue (e.g. shiftwork)
• implementing an emergency action plan to ensure emergencies are dealt with efficiently and effectively.

Visit the Workplace Health and Safety Queensland website for information on:

• health and safety information for rural industry
• rural industry
• managing risk
• plant, machinery and equipment
• modifying plant, machinery or equipment
• personal protective equipment
• Fatigue - a guide for the workplace (PDF, 95 kB)
• training staff
• manual tasks
• young workers
• managing the safety of labour hire workers
• first aid
• workplace amenities
• Rural Plant Code of Practice 2004
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.