Hay Australia Victoria Pty Ltd, now known as 623452924HAV Pty Ltd, is facing two charges under section 21(1) of the Occupational Health and Safety Act for failing to provide and maintain a workplace that was safe and without risks to health.
The 29-year-old worker suffered fatal injuries when he became entrapped in a bailing machine he was operating.
WorkSafe alleges that Hay Australia Victoria breached section 21(2)(a) of the OHS Act by failing to provide or maintain plant that was, as far as was reasonably practicable, safe and without risks to health.
It is further alleged that the company contravened regulation 99(3)(d) of the Occupational Health and Safety Regulations by failing to ensure a presence-sensing safeguarding system was used to eliminate any risk arising from an area of the plant that required guarding while a person, or any part of a person, was in the danger area.
The matter is listed for a filing hearing at Bendigo Magistrates’ Court on 21 December 2022.
