'Recipe for disaster': Firm found guilty of failing to provide, maintain safe workplace
A hay exporter in Victoria has been fined $400,000 following the death of an employee who got crushed in agricultural machinery in 2021.
Hay Australia Victoria Pty Ltd, now known as 623452924HAV Pty Ltd, was ordered to pay the hefty fine after it was found guilty of a single charge of failing to provide and maintain a safe plant.
The verdict stems from a workplace incident in February 2021 that killed a 29-year-old employee who was working on the "main line" section of a multibaler — a large piece of agricultural machinery used for baling crops, such as hay, straw, or silage.
According to WorkSafe Victoria, the employee got crushed between moving and stationary components of the machine. He sustained serious head and chest injuries and died at the scene.
"Failing to properly guard every danger point on large and complicated machinery, including those outside the usual working area, is a recipe for disaster," said Sam Jenkin, WorkSafe Executive Director of Health and Safety, in a statement.
"This young man's life was tragically cut short due to the employer's failure, and my heart goes out to the family, friends and colleagues left to endure such a devastating loss."
The jury in this case ruled that it was reasonably practicable for Hay Australia Victoria to have eliminated or reduced the risk of an employee getting crushed by installing a light curtain on the main line to prevent access to the danger area.
WorkSafe Victoria, the state regulator for workplace safety, outlined some of the steps that employers can take to manage risks when working with machinery. They are:
Identify hazards, assess the risks associated with machinery and eliminate or control those risks by isolating them or using an alternative.
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.
Ensure safety guards and gates are compliant and fixed to machines at all times.
Regularly service and inspect machines and equipment.
Place signs on or near a machine to alert employees of the dangers of operating it.
Hay Australia Victoria is just one of the recent cases of employers in Victoria who received hundreds of thousands of fines following unfortunate health and safety incidents in their workplace. The other cases are:
G.B. Galvanizing Service Pty Ltd. It was fined $340,000 after a worker was fatally crushed when a suspended load fell on him from a crane in March 2022.
Max Scaff Pty Ltd and Camillo Builders Pty Ltd. Max Scaff was fined $160,000, and Camillo Builders was fined $240,000 after a carpenter passed away in August 2021 from head injuries that were consistent with a fall from a height of more than two metres.
EnergyAustralia Yallourn Pty Ltd. The company was fined $170,000 after a fire in its power station placed its employees at risk during maintenance works in November 2021.
In Australia, the latest data from Safe Work revealed there were 200 worker fatalities in 2023, higher than the five-year average of 191 workers.
Source: Safe Work Australia
Machinery operators and drivers accounted for the highest proportion of worker fatalities, with 37%. They also reported the highest fatalities rate of 8.3 per 100,000 workers.
Source: Safe Work Australia
The Australian government in 2023 introduced a new 10-year strategy that seeks to lower the number of workplace fatalities, injuries, and illnesses over the next decade.
