The Elastomers Pty Ltd was sentenced in the Melbourne County Court on Friday after pleading guilty to a single charge of failing to provide plant that was, so far as reasonably practicable, safe and without risks to health.
The 47-year-old worker was struck on the head by a moving part of a rubber extrusion processing line at the company’s Dandenong South factory in May 2021.
The court heard that the worker had entered the danger zone beneath a moving part known as the “wig wag,” presumably to remove a blockage, automatically triggering a light curtain safety sensor which caused the machine to shut down.
However, another operator at a different level, who could not see the worker, restarted the machine from the upper control panel, causing the wig wag to begin moving and strike him on the head.
The worker was treated by paramedics but died at the scene.
A WorkSafe investigation found there was a gap between the light curtain that triggered the shutdown and the danger zone, which meant that it was not continuously broken while the worker was in the danger zone, making it possible to restart the machine.
It was reasonably practicable for The Elastomers to have provided guarding, including a physical interlock barrier, to prevent access to the danger zone while the machine was operating.
WorkSafe Executive Director Health and Safety Narelle Beer said employers must take all possible steps to reduce risks in the workplace, including proactively addressing potential issues.
“This terrible incident was entirely foreseeable and, tragically, a worker has paid for the employer’s lack of foresight with his life,” Dr Beer said.
“Safety guarding on plant and machinery is crucial and it’s incumbent upon employers to provide workers with the highest possible level of safety, including proactively identifying risks and asking: are the control measures we have in place enough?”
To manage risks when working with machinery employers should:
- Identify hazards, assess the risks associated with them and eliminate or control those risks by isolating them or using an alternative.
- Ensure safety guards and gates are compliant and fixed to machines at all times.
- Train staff in the safe operation of machines and equipment and provide written procedures in the worker’s first language.
- Develop and implement safe operating procedures in consultation with employees and health and safety representatives.
- Regularly service and inspect machines and equipment.
- Place signs on or near a machine to alert employees of the dangers of operating it.
