Industrial Manslaughter – Up to 20 Years Imprisonment and Maximum AUD10 Million Fine for Corporate Offenders
A Melbourne meat processor has been convicted and fined $130,000 after a worker’s hand was trapped and crushed in a waste chute while he was trying to retrieve a knife that had fallen in.
The incident
The worker was employed by an export certified meat processing business in a suburb of Melbourne. He was operating a casing machine when a knife fell into an offal waste chute and he reached in to retrieve it. His hand and arm became trapped and crushed by a pneumatic ram 45cm below the chute that pushed the waste into a disposal area.
The worker’s hand was able to be surgically reattached, but he remained off work due to medical complications with his rehabilitation.
The company had identified the risk before the incident and installed a guard above the opening of the offal chute, but it was found to be inadequate as it still allowed employees to access the danger area.
Within a day of the injury, the company installed a different guard that prevented access to the danger area below the waste chute.
In court
The business was prosecuted by WorkSafe Victoria for failing to adequately guard plant, and the case was heard in the Melbourne Magistrates’ Court.
The company pleaded guilty. It was convicted, and fined $130,000.
Previous hand injury
This was not the first time a serious hand injury had occurred at the business. In 2007 a worker was injured while loading and clearing a mixing machine. He had removed the covers as the meat was building up behind them and he was having difficulty in getting the tubs to come away from the machine. He replaced the covers to blend a new batch of meat and then removed them again to empty the machine out.
As he reached over to turn the machine off with his left hand, his right hand came into contact with the mixer paddle inside the mixing machine, resulting in three of his fingers being severed. He was taken to hospital where he underwent surgery to re-attach his fingers. He later needed several more operations to facilitate the operation of his fingers.
After the incident, the company implemented a number of remedial measures including the installation of an effective guarding system for that part of the process, together with an electrical interlock at the end of the machine where the meat was removed, and a new electrical interlock switch to the top door of the machine.
Hand injuries in meat processing
Injuries to hands, fingers and thumbs are unfortunately not uncommon in meat processing, due to the nature of the work and the types of equipment and machinery used.
WorkSafe’s Executive Director of Health and Safety said safety around plant and machinery should not be left to the discretion of workers.
‘It is up to employers to ensure the highest level of protection,’ she said.
‘This includes the fitting of appropriate guards or barriers so moving parts cannot be touched or accessed while the machine is operating.’
Employers responsibilities for machine guarding
Managing the risks involves a systematic process of identifying and assessing the hazards, including regular inspection and maintenance, and an examination of existing guarding to determine whether it is sufficient to prevent an injury.
It is also important to look at the position from which the machinery is operated, and to assess whether a person could be struck by, or entangled, in moving parts.
Workers’ tasks should be considered in detail, and not just during normal operation, as accidents are often more likely to occur if something goes wrong, for example, if something jams or blocks the normal process and a worker may be tempted to reach in and remove the obstruction or retrieve something that has been dropped.
Staff training is vital, along with assessment and supervision to make sure instructions have been understood and safe work procedures are complied with. If a worker’s first language is not English, it may be appropriate to provide training, information and on-the-job instruction in the worker’s own language. Merely handing someone written instructions in English, or giving them a rapid and perfunctory induction is unlikely to be adequate.
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