Newcold Avoids Prosecution Over Injury

Newcold Melbourne Pty Ltd has entered into an enforceable undertaking following a workplace incident that left a worker with serious leg injuries at its Truganina facility.

The undertaking was accepted at Werribee Magistrates’ Court on 2 July, where the company faced two charges of failing to ensure a safe workplace under its control. The charges remain suspended but may be reinstated if the agreement is breached or withdrawn.

The incident occurred in January 2022 when a worker using a tugger—a powered mobile plant used to move pallets—stepped off the platform before it stopped. The tugger continued moving, pinning her leg against the pallet racking and causing crush injuries, including a fractured ankle.

WorkSafe alleges Newcold failed to provide adequate training or identify untrained staff, which could have prevented the injury. The regulator found that basic safety measures were not in place to reduce the risk.

As part of the $300,000 enforceable undertaking, Newcold has committed to:

• Installing higher-level engineering controls with secure gates on automated conveyor systems.

• Sponsoring an annual safety award for youth apprentices through a local vocational provider.

• Donating $30,000 to the open-source OHS Body of Knowledge project.

• Funding a workplace safety video series focused on cold storage environments.

WorkSafe’s Executive Director of Health and Safety, Sam Jenkin, says the incident highlights the importance of ensuring only trained staff operate machinery.

“Risk of serious injury is significantly lower when there is a system in place to ensure only trained workers are asked to work with machinery or in high-risk areas,” Mr Jenkin said.

Employers are urged to implement traffic management plans, separate pedestrians from machinery, ensure proper supervision and licensing, and consult with workers on safety procedures.